PIES v. BEKINS VAN AND STORAGE COMPANY

No. 7087.

374 P.2d 122 (1962)

70 N.M. 361

Jerome PIES, Claimant, Plaintiff-Appellant, v. BEKINS VAN AND STORAGE COMPANY, Inc., Employer, and Employees Mutual of Wausau, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

August 14, 1962.


Attorney(s) appearing for the Case

Montoya & Shwartz, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Albuquerque, for appellees.


MOISE, Justice.

The issue in this case is identical with the one this day decided in Batte v. Stanley Inc., N.Mex., 374 P.2d 124.

In that case the employer appealed from an allowance of 60% partial permanent disability where actual earnings showed at most a 17% reduction. We held that the amount of earnings was not conclusive as to earning ability or capacity, and that a judgment for a greater percentage of disability would...

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