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MARTINEZ v. EIGHT NORTH. INDIAN PUEBLO

No. 17754.

944 P.2d 906 (1997)

123 N.M. 677

1997-NMCA-078

Ezechiel MARTINEZ, Worker-Appellant, v. EIGHT NORTHERN INDIAN PUEBLO COUNCIL, INC., and New Mexico Mutual Casualty Company, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted August 18, 1997.

Attorney(s) appearing for the Case

Harold Worland, Albuquerque, for Worker-Appellant.

Richard J. Shane, Deborah S. Dungan, Padilla, Riley & Shane, P.A., Albuquerque, for Employer/Insurer-Appellees.

OPINION

PICKARD, Judge.

1. NMSA 1978, Section 52-1-54 (Cum. Supp.1996) governs attorney fees in workers' compensation cases. Section 52-1-54(C) permits the workers' compensation judge to fix a fee when its jurisdiction is invoked to approve a settlement. Section 52-1-54(H) requires the judge, in setting the fee, to "consider only those benefits to the worker that the attorney is responsible for securing....

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