Patterson v. City of Albuquerque

OPINION

WOOD, Judge.

Plaintiff’s complaint for worker’s compensation benefits alleged an on-the-job injury resulting in total permanent disability. The complaint alleged that defendant was paying “benefits for a total disability in the sum of $91.46 per week” and that this amount was low by $11.57 per week. Defendant moved to dismiss alleging the claim was premature under § 52-1-69, N.M.S.A. 1978. The motion stated: “Plaintiff has never been denied weekly compensation benefits nor medical payments . .. and is still receiving compensation at this time.” The issue raised by the complaint and…