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MEDINA v. ZIA COMPANY

No. 1897.

544 P.2d 1180 (1975)

88 N.M. 615

Frank MEDINA, Plaintiff-Appellant, v. The ZIA COMPANY, Employer and United States Fidelity and Guaranty Company, Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied December 9, 1975.

Certiorari Denied January 15, 1976.

Attorney(s) appearing for the Case

Patrick A. Casey, Bachicha, Corlett & Casey, P.A., Santa Fe, for plaintiff-appellant.

John B. Pound, Montgomery, Federici, Andrews, Hannahs & Buell, Santa Fe, for defendants-appellees.

OPINION

SUTIN, Judge.

Plaintiff appeals an adverse judgment in a workman's compensation case growing out of a hernia injury. We affirm.

A. The trial court applied the proper legal test.

Plaintiff contends the district court failed to apply the proper legal test of total and partial disability under §§ 59-10-12.18 and 59-10-12.19, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 1).

These sections read as follows:

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