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BUSTAMANTE v. CITY OF LAS CRUCES

No. 13187.

836 P.2d 98 (1992)

114 N.M. 179

Daniel M. BUSTAMANTE, Claimant-Appellant, v. CITY OF LAS CRUCES, Respondent-Appellee.

Court of Appeals of New Mexico.

June 12, 1992.

Attorney(s) appearing for the Case

Anthony F. Avallone, Law Systems of Las Cruces, P.A., Las Cruces, for claimant-appellant.

Robert B. Kelley, City Atty., Las Cruces, for respondent-appellee.

OPINION

FLORES, Judge.

This is a workers' compensation case in which claimant appeals the workers' compensation judge's (WCJ) denial of claimant's request for an increase in benefits. Claimant briefs two issues on appeal: (1) whether the doctrine of res judicata applies, in the absence of a final order following a hearing, where the issue of the average weekly rate was considered, or could have been considered and (2) whether the Workers' Compensation...

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