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RAEL v. WAL-MART STORES, INC.

No. 14749.

871 P.2d 1 (1994)

117 N.M. 237

Jonathan RAEL, Worker/Appellant, v. WAL-MART STORES, INC. and National Union Fire Insurance Company, Employer/Insurer/Appellees.

Court of Appeals of New Mexico.

Certiorari Denied March 11, 1994.

Attorney(s) appearing for the Case

Randi McGinn, Paul DeMuro, Randi McGinn & Associates, Albuquerque, for worker/appellant.

Robert A. Martin, Bradley & McCulloch, P.A., Albuquerque, for employer/insurer/appellees.

OPINION

BLACK, Judge.

Jonathan Rael ("Worker") injured his back and herniated two discs in an on-the-job accident. Worker's back did not improve and his doctor, Peter Stern, M.D., proposed a discogram and excision of the abnormal discs. Worker decided against surgery. Dr. Stern then prepared a report indicating that, in the absence of surgery, Worker had reached maximum medical improvement ("MMI"). At the hearing on the merits, the record indicated...

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