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eBook details

• Title: Mcmains v. Aztec Well Service
• Author : New Mexico Court of Appeals
• Release Date : January 14, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

HARTZ, Judge. Precision Welding and Manufacturing and its insurer, United States Fidelity & Guaranty Company (collectively referred
to as "Precision"), appeal from an adverse decision by the Workers' Compensation Administration. The claimant, James Lyes
McMains ("Worker"), sought compensation benefits from Precision based on an alleged accidental injury to his lower back while
working for Precision on July 13, 1992. Worker also sought benefits from Aztec Well Service and its insurer, Mountain States
Mutual Casualty Company (collectively referred to as "Aztec"), for an alleged prior injury to his lower back while working
for Aztec on March 27, 1991. Precision contends on appeal that it owes no compensation benefits because (a) there was no injury
arising out of Worker's employment with Precision, (b) Worker willfully suffered the 1992 injury, and (c) even if the 1992
injury was otherwise compensable, it did not result in any increased impairment. It further contends that even if it is liable
for some benefits, the workers' compensation Judge (WCJ) erred in apportioning liability for permanent partial disability
benefits equally between Precision and Aztec and in assessing against Precision 100% of the liability for future medical benefits.
By a separate memorandum opinion we affirm the decision of the WCJ on each of the issues raised by Precision on appeal, except
the assessment for future medical benefits. This opinion, which contains the portion of the memorandum opinion meriting publication,
addresses only future medical benefits.

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