Marez v. Kerr-McGee Nuclear Corp.

(specially concurring).

I specially concur.

The purpose of this concurrence is to set the guidelines for proving total or partial disability of a workman. Seldom does a workmen’s compensation case appealed to this Court reflect a clear establishment of these results.

Section 52-1-24, N.M.S.A. 1978 reads:

As used in the Workmen’s Compensation Act, “total disability” means a condition whereby a workman, by reason of an injury arising out of, and in the course of, his employment, is wholly unable to perform the usual tasks in the work he was performing at the time of his injury, and is wholly unable…