Casillas v. S.W.I.G.

I dissent.

Plaintiff, 28 years of age, suffered an accidental injury on May 15, 1979, in which accident his arms were crushed. As a result, he suffered total disability. Defendants pay plaintiff $81.30 per week, about $4,212.00 annually for maximum compensation payments. The rate of compensation payable is 100% of the average weekly wage in the State as determined by the Employment Security Commission. Section 52-1-41, N.M.S.A. 1978.

Plaintiff claims that § 52-1^41 is unconstitutional in that it deprives plaintiff of his right to property, and his right to due process of law, inasmuch as the…