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Douglass V. State

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eBook details

  • Title: Douglass V. State
  • Author : New Mexico Court of Appeals
  • Release Date : January 16, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Worker appeals from a judgment denying him benefits under the Workers' Compensation Act. NMSA 1978, §§ 52-1-1 to -70 (Repl. Pamp. 1987) (New Act). Five issues are raised on appeal: (1) whether the workers' compensation judge (judge) erred as a matter of law in concluding that worker did not sustain an injury by accident arising out of and in the course of employment; (2) whether worker's stress-induced depression is a "physical impairment" under Section 52-1-24(A); (3) whether the judge's finding that worker was not temporarily totally disabled was supported by substantial evidence; (4) whether worker is entitled to recover medical expenses pursuant to Section 52-1-49, even if he sustained no "impairment" as defined by Section 52-1-24; and (5) whether the judge's failure to find that worker's medical expenses were reasonable and necessary constituted prejudicial error. Other issues raised in the docketing statement but not briefed are deemed abandoned. See State v. Fish, 102 N.M. 775, 701 P.2d 374 (Ct. App. 1985). We affirm.


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