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WITCHER v. CAPITAN DRILLING COMPANY

No. 923.

503 P.2d 652 (1972)

84 N.M. 369

John Hamilton WITCHER, Plaintiff-Appellant and Cross-Appellee, v. CAPITAN DRILLING COMPANY and Chubb/Pacific Indemnity Group, Defendants-Appellees and Cross-Appellants.

Court of Appeals of New Mexico.

October 20, 1972.

Attorney(s) appearing for the Case

James E. Snipes, Sanders & Snipes, Lovington, Lowell Stout, Hobbs, for plaintiff-appellant.

Samuel M. Laughlin, Jr., Girand & Richards, P.A., Hobbs, for cross-appellee.

OPINION

WOOD, Chief Judge.

The issue in this workmen's compensation case is whether Witcher was entitled to compensation benefits for total disability or was limited to benefits under the scheduled injury section of the compensation law.

The trial court found:

"* * * "2. On September 27, 1970, while engaged in the course of and within the scope of his employment by the defendant Capitan Drilling Company, plaintiff suffered and...

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