PENA v. MINES

No. 15586.

895 P.2d 257 (1995)

119 N.M. 735

Ronald S. PENA, Worker-Appellee, v. Phelps Dodge Chino MINES, Employer-Appellant.

Court of Appeals of New Mexico.

April 4, 1995.


Attorney(s) appearing for the Case

Leonard J. Padilla, Albuquerque, for worker-appellee.

Joseph W. Reichert, Arlon L. Stoker, Jr., P.A., Albuquerque, for employer-appellant.


OPINION

BLACK, Judge.

Employer appeals the compensation order of the Workers' Compensation Judge (WCJ) awarding Worker temporary total disability benefits. Employer raises two issues on appeal: (1) whether the WCJ erred in rejecting Employer's false application defense; and (2) whether the WCJ erred by not apportioning liability for Worker's benefits between Employer and Worker's prior employer. We affirm.

FACTS

Because Employer...

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