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MAITLEN v. GETTY OIL CO.

No. 9617.

733 P.2d 1 (1987)

105 N.M. 370

Jimmy MAITLEN, Plaintiff-Appellant, v. GETTY OIL COMPANY, Employer, and Travelers Insurance Company, Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

January 6, 1987.

Attorney(s) appearing for the Case

Jay L. Faurot, Farmington, Winston Roberts-Hohl, Santa Fe, for plaintiff-appellant.

Alice Tomlinson Lorenz, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendants-appellees.

OPINION

ALARID, Judge.

This workmen's compensation case requires us to determine (1) whether a dismissal without prejudice on the ground the complaint is premature is a final, appealable order, and (2) whether NMSA 1978, Section 52-1-69, prohibiting claims by workers who are receiving maximum compensation benefits applies to vocational rehabilitation benefits. We hold that a dismissal without prejudice may be appealed and Section 52-1-69 does not apply to...

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