Legal Opinion

Brewster v. Cooley & Associates

New Mexico Court of Appeals

Decided December 10, 1993No. 14549PublishedCited by 9 opinions

1Opinion of the Court

OPINION

MINZNER, Chief Judge.

Claimant appeals the compensation order of the Workers’ Compensation Administration (Administration). We discuss (1) timeliness of the appeal; (2) whether the workers’ compensation judge (judge) properly awarded Respondents an offset for medical benefits paid under a prior settlement; (3) whether Respondents failed to prove with reasonable certainty that payment of current medical benefits would duplicate Claimant’s prior settlement award; and (4) whether the judge erred in failing to prorate the offset over Claimant’s life expectancy. For the reasons that follow,…

2Cases cited20 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
  3. Govich v. North American Systems, Inc.New Mexico Supreme Court · 1991
  4. DeVargas v. Mason & Hanger-Silas Mason Co.Court of Appeals for the Tenth Circuit · 1990
  5. Montoya v. Aral Security, Inc.New Mexico Supreme Court · 1992

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3Cited by9 opinions

  1. Tom Growney Equipment Co. v. JouettNew Mexico Supreme Court · 2005
  2. Mieras v. DyncorpNew Mexico Court of Appeals · 1996
  3. Schultz ex rel. Schultz v. Pojoaque Tribal Police DepartmentNew Mexico Court of Appeals · 2010
  4. Schultz v. POJOAQUE TRIBAL POLICE DEPT.New Mexico Supreme Court · 2010
  5. Valley Bank of Commerce v. HilburnNew Mexico Court of Appeals · 2004

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