Padilla v. Frito-Lay, Inc.

I dissent.

The authority to grant lump-sum awards in lieu of periodic payments is § 52-1-30, N.M.S.A.1978. It provides that if the court “determines in cases of total permanent disability that it is in the interest of the rehabilitation of the injured workman . . . the liability of the employer for compensation may be discharged by the payment of a lump sum .... ” As I read the statute, not only must a lump-sum award further the rehabilitation of. the workman, it must also be in his best interest. These factors must be present as a matter of law before lump-sum awards may be granted.

Although I…