Legal Opinion

Montney v. State Ex Rel. State Highway Department

New Mexico Court of Appeals

Decided January 10, 1989No. 10628PublishedCited by 10 opinions

1Opinion of the Court

OPINION

DONNELLY, Chief Judge.

Both the plaintiff and the State Highway Department, a self-insured through the Risk Management Division (state), pursue separate appeals from the trial court’s judgment in this workers’ compensation action. Plaintiff raises four issues on appeal: (1) whether the Public Employees’ Retirement Board (PERA Board) is an indispensable or necessary party; (2) whether the trial court erred in ruling that workers’ compensation benefits awarded to plaintiff may be offset by benefits paid to him under the State Public Employees Retirement Act; (3) whether equity bars…

2Cases cited17 opinions

  1. Bettini v. City of Las CrucesNew Mexico Supreme Court · 1971
  2. Sanchez v. Molycorp, Inc.New Mexico Court of Appeals · 1985
  3. Paternoster v. La Cuesta Cabinets, Inc.New Mexico Court of Appeals · 1984
  4. Segura v. Molycorp, Inc.New Mexico Supreme Court · 1981
  5. Winter v. Roberson Construction CompanyNew Mexico Supreme Court · 1962

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Antillon v. New Mexico State Highway DepartmentNew Mexico Court of Appeals · 1991
  2. Fuyat v. Los Alamos National LaboratoryNew Mexico Court of Appeals · 1991
  3. Brewster v. Cooley & AssociatesNew Mexico Court of Appeals · 1993
  4. Folz v. StateNew Mexico Court of Appeals · 1993
  5. Moya v. City of AlbuquerqueNew Mexico Court of Appeals · 2007

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API