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Appeals Court Affirms Attorney Fee Awards on Remand

Tuesday, December 23, 2025 | 0

The New Mexico Court of Appeals ruled that injured workers who challenged the constitutionality of a cap on attorney fees are not entitled to additional compensation. David Pena and Eugene Trujillo maxed out their attorney fee awards at the administrative level. Trujillo received $22,500 in attorney fees. Pena suffered two injuries and was awarded $45,000. Trujillo argued for an attorney fee of $73,000 to $90,000, and Pena requested $122,600. The Court of Appeals certified questions for the high court to review, including whether the work comp attorney fee cap conflicts with court rules and...

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