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TURNER v. SHOP-RITE FOODS, INC.

No. 5600.

653 P.2d 887 (1982)

Willy V. TURNER, Plaintiff-Appellant, v. SHOP-RITE FOODS, INC., dba Piggly Wiggly Supermarkets, Employer, and the Travelers Insurance Companies, Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

October 28, 1982.

Attorney(s) appearing for the Case

Mark Smith & Associates, Lubbock, Tex., Victor Roybal, Jr., Roybal & Crollett, Albuquerque, for plaintiff-appellant.

Stephen M. Williams, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, for defendants-appellees.

OPINION

NEAL, Judge.

In this workmen's compensation action the trial court concluded that the applicable wage rate, § 52-1-41, N.M.S.A. 1978, was that in effect on February 19, 1977. Appellant appeals contending that the applicable rate was that in effect in February 1979.

We affirm.

On February 19, 1977 appellant fell from his truck and injured his back. He was off work for 35 weeks until October...

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