Lackey v. Darrell Julian Construction
New Mexico Court of Appeals
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} The main issue raised by this case is under what circumstances a worker is entitled to temporary total disability benefits after he is fired from a light duty job for adequate cause not connected with the disability. A subsidiary issue is whether Worker became temporarily totally disabled as a result of his original accident or as a result of aggravation caused by a subsequent employment. We hold that: (1) as a matter of law, Worker is entitled to temporary total disability benefits despite his firing as long as he is not released to work by his physician and (2) as…
2Cases cited5 opinions
- Vetter v. Alaska Workmen's Compensation BoardAlaska Supreme Court · 1974
- Herman v. Miners' HospitalNew Mexico Supreme Court · 1991
- Aranda v. Mississippi Chemical Corp.New Mexico Court of Appeals · 1979
- Ortiz v. BTU Block & Concrete Co.New Mexico Court of Appeals · 1996
- Connick v. County of BernalilloNew Mexico Court of Appeals · 1998
3Cited by9 opinions
- Akers v. Seaboard FarmsCourt of Civil Appeals of Oklahoma · 1998
- Gurule v. Dicaperl Minerals Corp.New Mexico Court of Appeals · 2006
- Grubelnik v. Four-Four, Inc.New Mexico Court of Appeals · 2001
- Gonzalez v. Performance Painting, Inc.New Mexico Court of Appeals · 2011
- Hawkins v. McDonald's & Food Industry Self Insurance FundNew Mexico Court of Appeals · 2014
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