BOGGS v. D & L CONSTRUCTION COMPANY

No. 7202.

379 P.2d 788 (1963)

71 N.M. 502

John G. BOGGS, Plaintiff-Appellee, v. D & L CONSTRUCTION COMPANY, a corporation, Employer, and Continental Casualty Company, Insurer, Defendants-Appellants.

Supreme Court of New Mexico.

March 13, 1963.


Attorney(s) appearing for the Case

LaFel E. Oman, Las Cruces, for appellants.

W.C. Whatley, R.E. Riordan, Las Cruces, for appellee.


CARMODY, Justice.

The employer appeals from a judgment granting total permanent disability to a workmen's compensation claimant.

No question is raised with respect to the accident, nor the fact that claimant is entitled to some compensation. The basic difficulty and claim of error is that, inasmuch as the claimant suffered a claimed scheduled injury, the court erred in considering loss of wage-earning ability.

The trial court made the following findings...

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