Yates v. Phelps Dodge Corp.

OPINION

APODACA, Judge.

On the Court’s own motion, the original opinion filed on May 24, 1994, is withdrawn, and the following opinion is filed in its place.

Appellant (Employer) appeals the decision of the workers’ compensation judge (judge) denying Employer’s motion requesting credit for benefits Employer is paying to Appellee (Worker) as a result of a previous accident suffered by Worker in Arizona. The issue raised on appeal is whether Employer was entitled to a credit pursuant to NMSA 1978, Section 52-1 — 47 (Repl.Pamp.1991) (effective until January 1, 1991), for benefits paid under…