Legal Opinion

Fogleman v. Duke City Automotive Services

New Mexico Court of Appeals

Decided March 14, 2000No. 20,219Published

1Opinion of the Court

OPINION

ALARID, Judge.

{1} This case presents an issue of first impression: whether a wheelchair-accessible van is an “artificial member” within the meaning of our workers’ compensation statutes. In the present ease, the workers’ compensation judge (WCJ) determined that such a van is not an artificial member. For the reasons that follow, we affirm.

BACKGROUND

{2} Worker was injured in 1982 in a work-related automobile accident that left Worker paralyzed in both legs and both arms. Employer furnished Worker with a modified van. In August 1998, Worker filed a workers’ compensation complaint…

2Cases cited5 opinions

  1. Terry Grantham Co. v. Industrial CommissionCourt of Appeals of Arizona · 1987
  2. Herrera v. Quality ImportsNew Mexico Court of Appeals · 1999
  3. Kloer v. Municipality of Las VegasNew Mexico Court of Appeals · 1987
  4. Brawn v. Gloria's Country InnSupreme Judicial Court of Maine · 1997
  5. Wilmers v. Gateway Transportation Co.Michigan Court of Appeals · 1998

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