Legal Opinion

Moya v. City of Albuquerque

New Mexico Supreme Court

Decided December 20, 2007No. 30,343PublishedCited by 33 opinions

1Opinion of the Court

OPINION

SERNA, Justice.

{1} The sole issue before us is whether substantial evidence supports the Workers’ Compensation Judge’s (WCJ) physical capacity finding that Christopher R. Moya’s (Worker) job as a correctional officer required only “medium” physical capacity. Based on our review of the whole record, we conclude that Woi'ker’s job required “heavy” physical capacity. Accordingly, we reverse the Court of Appeals and remand to the WCJ for a recalculation of Worker’s physical capacity modification.

I. FACTUAL BACKGROUND

{2} The facts of this case were sufficiently detailed in the underlying…

2Cases cited10 opinions

  1. Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
  2. Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
  3. Montano v. SaavedraNew Mexico Supreme Court · 1962
  4. Cobb v. State Canvassing BoardNew Mexico Supreme Court · 2006
  5. Levario v. Ysidro Villareal Labor AgencyNew Mexico Court of Appeals · 1995

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3Cited by33 opinions

  1. Dewitt v. Rent-A-Center, Inc.New Mexico Supreme Court · 2009
  2. Rodriguez v. PERMIAN DRILLING CORP.New Mexico Supreme Court · 2011
  3. Harkness v. McKay Oil Corp.New Mexico Court of Appeals · 2008
  4. Livingston v. Environmental EarthscapesNew Mexico Court of Appeals · 2013
  5. Pearson v. Johnson Controls, Northern N.M., LLCNew Mexico Court of Appeals · 2011

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