Legal Opinion

Massengill v. Fisher Sand & Gravel Co.

New Mexico Court of Appeals

Decided August 19, 2013No. 34,328; Docket 31,942PublishedCited by 6 opinions

1Opinion of the Court

OPINION

VIGIL, Judge.

{1} The primary issue in this workers’ compensation case is whether post-judgment interest begins to accrue on the date that an order is filed awarding a partial lump-sum payment or thirty days later. Concluding that interest begins to accrue on the date the award is filed, and rejecting Employer’s remaining arguments, we affirm.

I. BACKGROUND

{2} While Worker’s complaint for compensation benefits was pending, Worker • filed a petition for a partial lump-sum payment. See NMSA 1978, § 52-5-12(C) (2009) (“After maximum medical improvement and with the approval of the workers’…

2Cases cited15 opinions

  1. Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
  2. Dewitt v. Rent-A-Center, Inc.New Mexico Supreme Court · 2009
  3. Trujillo v. Hilton of Santa FeNew Mexico Supreme Court · 1993
  4. Maples v. StateNew Mexico Supreme Court · 1990
  5. Attorney General v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2011

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3Cited by6 opinions

  1. Taylor v. Waste Mgmt. of N.M.New Mexico Court of Appeals · 2021
  2. Martin v. N.M. Mut. Cas.New Mexico Court of Appeals · 2023
  3. Pequeno v. Lowe's Home CentersNew Mexico Court of Appeals · 2016
  4. State ex rel. CYFD v. Brian F.New Mexico Court of Appeals · 2023
  5. Taylor v. Waste Mgmt. of N.M.New Mexico Court of Appeals · 2021

1 more not listed; retrieve them via the Exa API.

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