Clymo v. United Nuclear Corp.

(specially concurring).

The plaintiff’s sole point of error is that the trial court erred in allowing the defendants’ credit for wages paid plaintiff toward the award of compensation benefits. I agree. This matter is governed by the decision of our Supreme Court in Roybal v. County of Santa Fe, 79 N.M. 99, 440 P.2d 291 (1968):

We are of the opinion that the allowance of credit is dependent on the employer’s intention, and that in determining intention, “wages” and “compensation” are to be considered in accordance with the following usage of those terms:

“. . . ‘Compensation’ of an employee in…