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PATTERSON v. CITY OF ALBUQUERQUE

No. 5897.

661 P.2d 1331 (1983)

99 N.M. 632

Norma PATTERSON, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a Self-Insured Employer, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 22, 1983.

Attorney(s) appearing for the Case

David H. Pearlman, P.A., Albuquerque, for plaintiff-appellant.

Robert C. Gutierrez, Asst. City Atty., City of Albuquerque, Albuquerque, for defendant-appellee.

OPINION

WOOD, Judge.

Plaintiff's complaint for worker's compensation benefits alleged an on-the-job injury resulting in total permanent disability. The complaint alleged that defendant was paying "benefits for a total disability in the sum of $91.46 per week" and that this amount was low by $11.57 per week. Defendant moved to dismiss alleging the claim was premature under § 52-1-69, N.M.S.A. 1978. The motion stated: "Plaintiff has never been denied...

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