Legal Opinion · Dissent

Raines v. W.A. Klinger & Sons

New Mexico Supreme Court

Decided October 13, 1988No. 17795Published

1DissentScarborough, Chief Justice

(joining in dissent).

I respectfully dissent from the majority opinion. I would affirm the Court of Appeals opinion affirming the trial court’s denial and dismissal of Raines’ premature motion for a lump sum worker’s compensation settlement.

The record indicates that Raines began receiving workmen’s compensation benefits after he stopped working for Klinger on September 9, 1986. While still receiving payments, Raines filed a workmen’s compensation claim on November 26, 1986, seeking a judgment that his claim was compensable. Klinger answered on May 19, 1987, denying liability for Raines’ injury…

2Cases cited6 opinions

  1. State v. PaceNew Mexico Supreme Court · 1969
  2. Arther v. Western Company of North AmericaNew Mexico Court of Appeals · 1975
  3. Armijo v. Co-Con Construction Co.New Mexico Court of Appeals · 1978
  4. Briscoe v. Hydro Conduit CorporationNew Mexico Court of Appeals · 1975
  5. Minnerup v. Stewart Bros. Drilling Co.New Mexico Court of Appeals · 1979

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