Talamante v. Public Employees Retirement Board

OPINION

BUSTAMANTE, Chief Judge.

{1} Frank Talamante (Employee) appeals an order from the district court affirming the Public Employees Retirement Board’s (the PERA Board) decision to deny his claim for disability retirement benefits. At issue is the proper interpretation of NMSA 1978, § 10-ll-10.1(C)(2)(a) (1993), and what is required to prove that an employee is “mentally or physically totally incapacitated for any gainful employment.” In particular, this case poses the question of whether the legislature intended a specific geographic area to be considered when deciding whether an employee…