Case Law Database

AMELIA MINA vs. NMA INSPECTIONS, DEPARTMENT OF INDUSTRIAL RELATIONS

Applicant Amelia Mina sought reconsideration of an October 3, 2022 Findings and Order, which denied her a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b). She argued the rule was inconsistent with its authorizing statute, violated equal protection, and constituted invalid special legislation. The Workers' Compensation Appeals Board (WCAB) affirmed the prior decision, finding the applicant's second injury occurred before receipt of the first RTWSP payment, making her ineligible under Rule 17302(b). The Board also determined that the jurisdiction to invalidate Rule 17302(b) lies with the Superior Court under the Administrative Procedures Act, not the Appeals Board.