Legal Opinion

Carrasco v. Phelps Dodge/Chino Mines

New Mexico Court of Appeals

Decided January 4, 1995No. 15546PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HARTZ, Judge.

Phelps Dodge/Chino Mines (Employer) appeals the award to Samuel Carrasco (Worker) of a lump-sum payment of disability benefits to replace periodic payments. Employer contends that a portion of the lump-sum payment was not permitted by the Workers’ Compensation Administration Act because it was to pay a debt that had not accumulated during Worker’s disability. We agree and reverse.

The parties stipulated that Worker suffered a compensable injury on May 31, 1991 and that the controlling law is the 1990 enactment governing lump-sum payments. See Jojola v. Aetna Life &…

2Cases cited4 opinions

  1. Riesenecker v. Arkansas Best Freight SystemsNew Mexico Court of Appeals · 1990
  2. Cabazos v. Calloway ConstructionNew Mexico Court of Appeals · 1994
  3. Jojola v. Aetna Life & CasualtyNew Mexico Court of Appeals · 1989
  4. Riesenecker v. Arkansas Best Freight SystemNew Mexico Court of Appeals · 1990

3Cited by2 opinions

  1. Rodriguez v. Scotts Landscaping & Builders TrustNew Mexico Court of Appeals · 2008
  2. Jackson v. K & M ConstructionNew Mexico Court of Appeals · 2004

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API