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LUCERO v. SMITH'S FOOD & DRUG CENTERS

No. 15109.

878 P.2d 353 (1994)

118 N.M. 35

Martin LUCERO, Worker-Appellant, v. SMITH'S FOOD AND DRUG CENTERS, INC., self-insured, Employer-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied July 19, 1994.

Attorney(s) appearing for the Case

Jerry A. Walz, Jerry A. Walz & Associates, P.C., Albuquerque, for worker-appellant.

Kelly A. Genova, Albuquerque, for employer-appellee.

OPINION

PICKARD, Judge.

Worker appeals from an order granting summary judgment for Employer in a workers' compensation case. Worker sought scheduled injury benefits under NMSA 1978, Section 52-1-43 (Repl.Pamp.1991). The ultimate question before us is whether Worker established a disputed issue of material fact as to his entitlement to benefits for partial loss of use of his left elbow. See Koenig v. Perez, 104 N.M. 664

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