Antillon v. New Mexico State Highway Department

OPINION

MINZNER, Judge.

Employer appeals and claimant cross-appeals the compensation order of the workers’ compensation administration. We discuss (1) whether certain fringe benefits are included in the definition of “wages” under NMSA 1978, Section 52-1-20(A) (Orig. Pamp.), and (2) whether this claim should be resolved under the provisions of the 1986 Act, NMSA 1978, §§ 52-1-1 to -69 (Orig.Pamp. & Cum.Supp.1986), commonly referred to as the Interim Act, or the 1987 Act, NMSA 1978, §§ 52-1-1 to -70 (Repl. Pamp.1987). We reverse the workers’ compensation judge (WCJ) on those issues. We address…