Legal Opinion

Benny v. Moberg Welding

New Mexico Court of Appeals

Decided June 28, 2007No. 26,630PublishedCited by 14 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} After agreeing to a stipulated compensation order setting a ten percent impairment rating, Jared Benny requested temporary total disability benefits because his medical condition had worsened. His employer, Moberg Welding, objected because Benny had asked for and received a stipulated lump sum settlement pursuant to NMSA 1978, § 52-5-12 (2003). The Workers’ Compensation Judge (WCJ) agreed with the Employer and granted summary judgment in its favor. Benny appeals and we reverse.

{2} The WCJ’s order on Benny’s complaint provides a succinct summary of the course of…

2Cases cited8 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. Draper v. Mountain States Mutual Casualty Co.New Mexico Supreme Court · 1994
  3. Leo v. Cornucopia RestaurantNew Mexico Court of Appeals · 1994
  4. Glover v. Sherman Power TongsNew Mexico Court of Appeals · 1980
  5. Cabazos v. Calloway ConstructionNew Mexico Court of Appeals · 1994

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3Cited by14 opinions

  1. Guidance Endodontics, LLC v. Dentsply International, Inc.District Court, D. New Mexico · 2010
  2. Holcomb v. RodriguezNew Mexico Court of Appeals · 2016
  3. Sommerville v. Southwest FirebirdNew Mexico Supreme Court · 2008
  4. Fowler v. Vista CareNew Mexico Court of Appeals · 2012
  5. Santa Fe Water Resource Alliance, LLC v. D'AntonioNew Mexico Court of Appeals · 2015

9 more not listed; retrieve them via the Exa API.

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