Legal Opinion

Sowders ex rel. Sowders v. MFG Drilling Co.

New Mexico Court of Appeals

Decided August 1, 1985No. 8664PublishedCited by 1 opinion

1Opinion of the Court

OPINION

WOOD, Judge.

Defendants appeal from the award of lump-sum compensation for the benefit of a deceased worker’s minor children. We proposed summary affirmance. Defendants filed a timely memorandum in opposition. Having considered defendants’ arguments, we affirm.

The sole issue in this appeal is the propriety of a lump-sum award. The statutory authority for making a lump-sum award is found in NMSA 1978, Section 52-l-30(B). A lump-sum payment may not be awarded solely because, if invested, the lump sum would produce more benefits than would be realized from weekly payments. Merrifield v.…

2Cases cited5 opinions

  1. Three Rivers Land Co., Inc. v. MaddouxNew Mexico Supreme Court · 1982
  2. Codling v. Aztec Well Servicing Co.New Mexico Court of Appeals · 1976
  3. Padilla v. Frito-Lay, Inc.New Mexico Court of Appeals · 1981
  4. Boughton v. Western Nuclear, Inc.New Mexico Court of Appeals · 1983
  5. Merrifield Ex Rel. Merrifield v. Auto-Chlor SystemNew Mexico Court of Appeals · 1983

3Cited by1 opinion

  1. Santa Fe Exploration Co. v. Oil Conservation CommissionNew Mexico Supreme Court · 1992

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