SCHILLER v. SOUTHWEST AIR RANGERS, INC.

No. 10324.

535 P.2d 1327 (1975)

87 N.M. 476

Graham R. SCHILLER, Petitioner, v. SOUTHWEST AIR RANGERS, INC., Employer, and Royal Globe Insurance Company, Insurer, Respondents, and Health and Social Services Department, Respondent.

Supreme Court of New Mexico.

April 4, 1975.


Attorney(s) appearing for the Case

Horton & Werner, Quincy D. Adams, Adams & Foley, Albuquerque, for petitioner.

Jerrald J. Roehl, J. Duke Thornton, Shaffer, Butt, Jones & Thornton, Albuquerque, for respondents Southwest Air Rangers & Royal Globe Ins.

Toney Anaya, Atty. Gen., Stephen Spraque, Agency Asst. Atty. Gen., Santa Fe, for respondent Health and Social Services Dept.


OPINION

STEPHENSON, Justice.

The sole question which concerns us here is whether, under the New Mexico Workmen's Compensation Act, the trial court, in a suit by an injured workman, can award an attorney's fee to the claimant where only medical and hospital expenses are recovered. In Schiller v. Southwest Air Rangers, Inc., Ct.App., 88 N.M. ___, 536 P.2d 728 (decided January 15, 1975), the Court of Appeals in a memorandum...

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