Lucero v. Koontz

CARMODY, Justice.

Appellants sought to decrease or terminate appellee’s total permanent compensation, which had been awarded by a jury verdict some two years previously.

The only testimony submitted to the court on the motion was that of a doctor, who testified that appellee’s back “impairment” was from fifteen to twenty per cent. The doctor consistently stated that he was referring to medical impairment, not disability. Following the doctor’s testimony, appellants rested and, on motion of appellee, the court denied the application to decrease or terminate the amount of compensation.

The sole…