Legal Opinion

Chapman v. Jesco, Inc.

New Mexico Court of Appeals

Decided September 23, 1982No. 5584PublishedCited by 14 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

This appeal involves a substantial evidence question in a workmen’s compensation case. The trial court found that plaintiff was 75% partially disabled as defined by the Workmen’s Compensation Act. Defendants claim there is no substantial evidence to support the finding. We disagree. We affirm the judgment in favor of plaintiff.

Defendants rely primarily on percentage evaluations fixed by expert witnesses. Unfortunately, lawyers for both parties have overlooked the controlling rule of law that resolves this issue. In determining the extent of disability, the trial court is…

2Cases cited16 opinions

  1. Garcia v. Genuine Parts Co.New Mexico Court of Appeals · 1977
  2. Getz v. Equitable Life Assur. Soc. of USNew Mexico Supreme Court · 1977
  3. Van Orman v. NelsonNew Mexico Supreme Court · 1967
  4. Trujillo v. TanuzNew Mexico Court of Appeals · 1973
  5. Lopez v. HeesenNew Mexico Supreme Court · 1961

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

3Cited by14 opinions

  1. Dewitt v. Rent-A-Center, Inc.New Mexico Supreme Court · 2009
  2. Hernandez v. Mead Foods, Inc.New Mexico Court of Appeals · 1986
  3. Blea v. SandovalNew Mexico Court of Appeals · 1988
  4. Graham v. Presbyterian Hospital CenterNew Mexico Court of Appeals · 1986
  5. Smith v. City of AlbuquerqueNew Mexico Court of Appeals · 1986

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

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