Legal Opinion
Smith v. Arizona Public Service Co.
New Mexico Court of Appeals
Decided June 17, 2003No. 22,500PublishedCited by 12 opinions
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} Arizona Public Service Company (Employer) appeals from the Workers’ Compensation Administration’s award of workers’ compensation benefits to Henry Smith (Worker) for an injury sustained to his ears in a work-related accident. Employer argues that compensation for a scheduled injury awarded pursuant to NMSA 1978, § 52-1-43(B) (1989), must exclude the percentage of impairment to Worker’s ears that existed prior to the work-related accident. Worker urges us to apply the enhanced disability concept to his scheduled injury award, compensating him for the total loss of his…
2Cases cited12 opinions
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Reynolds v. Ruidoso Racing Association, Inc.New Mexico Supreme Court · 1961
- Anaya v. New Mexico Steel Erectors, Inc.New Mexico Supreme Court · 1980
- Draper v. Mountain States Mutual Casualty Co.New Mexico Supreme Court · 1994
- Casias v. Zia Co.New Mexico Court of Appeals · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grine v. Peabody Natural ResourcesNew Mexico Supreme Court · 2006
- Gutierrez v. Intel Corp.New Mexico Court of Appeals · 2009
- Hall v. Carlsbad Supermarket/IGANew Mexico Court of Appeals · 2007
- Jojola v. FRESENIUS MEDICAL CLINICNew Mexico Court of Appeals · 2010
- Johnson v. Hoyt & Son Tree ServiceNew Mexico Court of Appeals · 2007
7 more not listed; retrieve them via the Exa API.