Legal Opinion
Ballard v. Southwest Potash Corporation
New Mexico Court of Appeals
Decided January 24, 1969No. 171PublishedCited by 17 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
This workmen’s compensation case concerns our “Subsequent Injury Act”. Sections 59-10-126 to 59-10-138, N.M.S.A. 1953 (repl. vol. 9, pt. 1, Supp.1967). The dispositive issue is whether liability for the compensable injury should have been apportioned between the employer and the subsequent injury fund.
In 1959, prior to his employment with defendant employer (Southwest Potash Corporation) and pursuant to § 59-10-37, N.M.S.A.1953 (repl. vol. 9, pt. 1), plaintiff and employer executed a certificate of pre-existing disability. The certificate states that plaintiff had a 15%…
2Cases cited3 opinions
- Webb v. HamiltonNew Mexico Supreme Court · 1968
- Mares v. City of ClovisNew Mexico Court of Appeals · 1968
- State v. VassarCourt of Appeals of Arizona · 1968
3Cited by17 opinions
- Vaughn v. United Nuclear Corp.New Mexico Court of Appeals · 1982
- Gonzales v. Stanke-Brown & Associates, Inc.New Mexico Court of Appeals · 1982
- Gutierrez v. City of GallupNew Mexico Court of Appeals · 1985
- Hernandez v. Levi Strauss, Inc.New Mexico Court of Appeals · 1988
- Smith v. Trailways, Inc.New Mexico Court of Appeals · 1986
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