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MONTNEY v. STATE EX REL. HIGHWAY DEPT.

No. 10628.

772 P.2d 360 (1989)

108 N.M. 326

Paul MONTNEY, Plaintiff-Appellant, Cross-Appellee, v. STATE of New Mexico, ex rel. STATE HIGHWAY DEPARTMENT, RISK MANAGEMENT DIVISION for the STATE of NEW MEXICO, Defendants-Appellees, Cross-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied February 15, 1989.

Attorney(s) appearing for the Case

Frederick H. Sherman, Sherman and Sherman, P.C., Deming, for plaintiff-appellant, cross-appellee.

Wendell B. Lane, Campbell, Reeves, Chavez & Acosta, P.A., Las Cruces, for defendants-appellees, cross-appellants.

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...

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