Escobedo v. Agriculture Products Co., Inc.

I dissent on the issue of “refusal of medical services,” and concur on the remainder of the opinion.

A. The trial court had a duty to make additional findings on refusal to allow a review.

Section 59-10-20, N.M.S.A. 1953 (Repl. Vol. 9, pt. 1) provides in part:

If any workman . . . shall refuse to submit to such medical or surgical treatment as is reasonably essential to promote his recovery, the court may in its discretion reduce or suspend his compensation.

Before the court can exercise its discretion, it must find that the workman’s refusal was arbitrary and unreasonable. The court must also…