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MONTOYA v. SANCHEZ

No. 8625.

446 P.2d 212 (1968)

Manuel A. MONTOYA, Plaintiff-Appellee, v. Lupe SANCHEZ, General Contractor, Employer, and Maryland Casualty Company, Insurer, Defendants-Appellants.

Supreme Court of New Mexico.

October 21, 1968.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Bruce D. Hall, Albuquerque, for appellants.

Edwin L. Felter, Santa Fe, for appellee.

OPINION

CARMODY, Justice.

The trial court determined that the plaintiff-employee was entitled to total permanent disability, and the defendants appeal.

The whole controversy is whether plaintiff's claim, under the Workmen's Compensation Act, should be measured by the "total disability" section (§ 59-10-18.2, N.M.S.A. 1953, 1967 Pocket Supp.), or by the "scheduled injury" section (§ 59-10-18.4,...

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