Moya v. City of Albuquerque

OPINION

CASTILLO, Judge.

{1} This workers’ compensation appeal provides us with another opportunity to address an employer’s right to an offset when the injured employee gets a job with a new employer. The Workers’ Compensation Judge (WCJ) concluded that under NMSA 1978, § 52-1-47.1(A) (1990), the City of Albuquerque (Employer) was entitled to an offset. We reverse. We conclude that under the law in existence at the time Worker was injured, Employer was not entitled to an offset for wages provided by another employer. We also address the WCJ’s finding that Worker’s job as a correctional officer…