Legal Opinion

Hawkins v. McDonald's & Food Industry Self Insurance Fund

New Mexico Court of Appeals

Decided February 12, 2014No. 34,511; Docket No. 32,635PublishedCited by 1 opinion

1Opinion of the Court

OPINION

VANZI, Judge.

{1} McDonald’s (Employer) appeals from a compensation order entered pursuant to the Workers’ Compensation Act (the WCA), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013). Employer contends the Workers’ Compensation Judge (WCJ) erred in concluding that Michelle Hawkins (Worker) was entitled to temporary total disability (TTD) and permanent partial disability (PPD) benefits after her termination for cause. We hold that termination of post-injury employment, whether or not for misconduct, does not affect an employee’s right to recover TTD benefits under Section…

2Cases cited14 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. New Mexico Industrial Energy Consumers v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2007
  3. State v. VargasNew Mexico Supreme Court · 2008
  4. Draper v. Mountain States Mutual Casualty Co.New Mexico Supreme Court · 1994
  5. Salazar v. TorresNew Mexico Supreme Court · 2007

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3Cited by1 opinion

  1. Martin v. N.M. Mut. Cas.New Mexico Court of Appeals · 2023

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