Legal Opinion

Vinyard v. Palo Alto, Inc.

New Mexico Court of Appeals

Decided November 2, 2012No. Docket 30,846; Docket 31,044PublishedCited by 6 opinions

1Opinion of the Court

OPINION

KENNEDY, Judge.

{1} This worker’s compensation case poses the question of how to properly calculate a worker’s average weekly wage when the worker held two concurrent jobs, one for nine weeks and one for fourteen weeks. Wages from both jobs must be assessed for the calculation of the average weekly wage. The method of calculating the average weekly wage when each job has a different duration is the sole issue in this case.

{2} The Workers’ Compensation Judge (WCJ) calculated the worker’s wage based on the roughly nine-week time period 1 that the two jobs overlapped, holding as a matter…

2Cases cited13 opinions

  1. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  2. Fryar v. JohnsenNew Mexico Supreme Court · 1979
  3. Lozano v. ArcherNew Mexico Supreme Court · 1962
  4. Cordova v. Taos Ski Valley, Inc.New Mexico Court of Appeals · 1995
  5. Kendrick v. Gackle Drilling CompanyNew Mexico Supreme Court · 1962

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3Cited by6 opinions

  1. Ruiz v. Los Lunas Pub. Sch.New Mexico Court of Appeals · 2013
  2. Livingston v. Environmental EarthscapesNew Mexico Court of Appeals · 2013
  3. Ruiz v. Los Lunas Public SchoolsNew Mexico Supreme Court · 2013
  4. Ruiz v. Los Lunas Pub. Schs.New Mexico Court of Appeals · 2013
  5. Ruiz v. Los Lunas Public SchoolsNew Mexico Court of Appeals · 2013

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