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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 JUDY ROMERO, 8 9 v. 10 JOHN BROOKS VALUE WAY and 11 FOOD INDUSTRY/SELF INSURANCE FUND 12 OF NEW MEXICO, 13 Employer/Insurer-Appellees. Worker-Appellant, NO. 28,931

14 APPEAL FROM WORKERS' COMPENSATION ADMINISTRATION 15 Helen L. Stirling, Workers' Compensation Judge 16 Bogardus & Scott, Attorneys at Law, P.C. 17 Robert L. Scott 18 Albuquerque, NM 19 Joshua A. Spencer 20 Albuquerque, NM 21 for Appellant 22 23 24 25 Modrall, Sperling, Roehl, Harris & Sisk, P.A. Max J. Madrid H. Jesse Jacobus III Albuquerque, NM

26 for Appellees

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1 2 BUSTAMANTE, Judge. 3

MEMORANDUM OPINION

Judy Romero (Worker) appeals from a workers' compensation order denying

4 her claims for benefits. Worker argues: (1) that she was entitled to temporary total 5 disability benefits because John Brooks Value Way (Employer) failed to formally 6 extend a return-to-work offer, and (2) that the WCJ erred by not accepting the 7 testimony of Dr. Richard Weber regarding Worker's maximum medical improvement 8 and impairment rating. The WCJ's findings on both issues are supported by 9 substantial evidence and we affirm. 10 BACKGROUND 11 Worker injured her back while stocking liquor shelves for Employer in

12 September 2006. In the days following her injury, Worker saw Dr. Gordon Eatman, 13 a chiropractor, and also made a trip to the emergency room for treatment. Worker was 14 diagnosed with a back strain and taken off work from September 14 to September 17, 15 and allowed to return to work with restrictions through September 24. Before 16 returning to work, Worker took vacation leave for one week, subsequently returned 17 to work for two days, and then on or about September 30, 2006, she determined that 18 she could not continue working and never again returned to work.

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In February 2007 Worker filed a complaint with the Workers' Compensation

2 Administration seeking temporary total disability (TTD), permanent partial disability 3 (PPD), medical benefits, and attorney fees. After a trial on the merits, the WCJ 4 awarded Worker medical benefits for the treatment of her injuries and her past 5 medical bills only. The WCJ concluded that Worker was not entitled to TTD because 6 she had no medical reason to stop coming to work after September 30, 2006. The 7 WCJ also concluded that Worker was not entitled to PPD because there was no 8 credible evidence to determine whether Worker reached maximum medical 9 improvement (MMI) or that Worker has any permanent impairment rating attributable 10 to her injury. 11 STANDARD OF REVIEW 12 "In reviewing the WCJ's decision, we employ the whole record review." Smith

13 v. Cutler Repaving, 1999-NMCA-030,

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