Legal Opinion · Concurrence

Harrison v. Animas Valley Auto and Truck Repair

New Mexico Supreme Court

Decided August 1, 1988No. 17717Published

1Concurrence

RANSOM, Justice,

specially concurring.

A worker who suffers an injury to a scheduled member of his body is limited to compensation under the scheduled injury provisions of the Worker’s Compensation Act, unless that injury renders him totally disabled as a whole. Hise Constr. v. Candelaria, 98 N.M. 759, 652 P.2d 1210 (1982). However, the scheduled injury provisions are not exclusive if, in addition to impairment of the scheduled member, there is separate and distinct impairment to other parts of the body with resulting partial disability as a whole. Id.

Here, the worker was not totally disabled.…

2Cases cited6 opinions

  1. Perez v. International Minerals & Chemical Corp.New Mexico Court of Appeals · 1981
  2. Hise Construction v. CandelariaNew Mexico Supreme Court · 1982
  3. Sisneros v. Breese Industries, Inc.New Mexico Supreme Court · 1963
  4. Gold Kist, Inc. v. CaseyCourt of Civil Appeals of Alabama · 1986
  5. Lee v. United States Fidelity & Guaranty CompanyNew Mexico Supreme Court · 1960

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