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HOPKINS v. FRED HARVEY, INC.

No. 3288.

584 P.2d 179 (1978)

92 N.M. 132

Paula V. HOPKINS, Plaintiff-Appellant, v. FRED HARVEY, INC., Employer, Defendant-Appellee.

Court of Appeals of New Mexico.

Writ of Certiorari Denied September 12, 1978.

Attorney(s) appearing for the Case

Leof T. Strand, Albuquerque, for plaintiff-appellant.

Clarence R. Bass, Albuquerque, for defendant-appellee.

OPINION

SUTIN, Judge.

The question for decision is whether tips obtained by an employee who is a waitress and bartender should be included in the computation of compensation payments in a workmen's compensation case. This is a matter of first impression.

Section 59-10-12.13(A), N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 1) reads in pertinent part:

[T]he average weekly wage of an injured employee shall be taken as the basis upon which to compute...

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