Legal Opinion
Maitlen v. Getty Oil Co.
New Mexico Court of Appeals
Decided January 6, 1987No. 9617PublishedCited by 7 opinions
1Opinion of the Court
OPINION
ALARID, Judge.
This workmen’s compensation case requires us to determine (1) whether a dismissal without prejudice on the ground the complaint is premature is a final, appeal-able order, and (2) whether NMSA 1978, Section 52-1-69, prohibiting claims by workers who are receiving maximum compensation benefits applies to vocational rehabilitation benefits. We hold that a dismissal without prejudice may be appealed and Section 52-1-69 does not apply to vocational rehabilitation benefits.
PACTS AND PROCEDURAL HISTORY
Plaintiff filed a complaint for workmen’s compensation benefits. In it, he…
2Cases cited10 opinions
- Chavez v. ChenowethNew Mexico Court of Appeals · 1976
- Scott v. Murphy CorporationNew Mexico Supreme Court · 1968
- Nasci v. Frank Paxton Lumber Co.New Mexico Supreme Court · 1961
- Bralley v. City of AlbuquerqueNew Mexico Court of Appeals · 1985
- Johnson v. C & H CONSTRUCTION COMPANYNew Mexico Court of Appeals · 1967
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3Cited by7 opinions
- City of Albuquerque v. SanchezNew Mexico Court of Appeals · 1992
- Mitchell v. the TimbersCourt of Appeals of Oregon · 1999
- Gallegos v. City of AlbuquerqueNew Mexico Court of Appeals · 1993
- Village of Los Ranchos De Albuquerque v. ShiveleyNew Mexico Court of Appeals · 1989
- Benavidez v. Bloomfield Municipal SchoolsNew Mexico Court of Appeals · 1994
2 more not listed; retrieve them via the Exa API.