Witcher v. Capitan Drilling Company

(specially concurring)

I specially concur in the majority opinion. I desire to point out two matters.

A. UN CHALLEN GED FINDINGS

In affirming this workmen’s compensation case, we hold that unchallenged findings are the facts before us. This is established law. For purposes of reversing, the majority opinion in Ortiz v. Ortiz & Torres Dri-Wall Company, 83 N.M. 452, 493 P.2d 418 (Ct.App.1972), held that failure to specifically challenge findings of fact was only a technical error and could be avoided. I dissented. Ortiz, supra, should not be considered valid authority on this point since a writ of…