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CARRASCO v. PHELPS DODGE/CHINO MINES

No. 15546.

890 P.2d 408 (1995)

119 N.M. 347

Samuel C. CARRASCO, Worker/Claimant-Appellee, v. PHELPS DODGE/CHINO MINES, Employer/Insurer-Appellant.

Court of Appeals of New Mexico.

January 4, 1995.

Attorney(s) appearing for the Case

S. Austin Johnson, Cuautitlan Izcalli, Edo. Mexico, for Worker/Claimant-Appellee.

Joseph William Reichert, Arlon L. Stoker, P.A., Albuquerque, for Employer/Insurer-Appellant.

OPINION

HARTZ, Judge.

Phelps Dodge/Chino Mines (Employer) appeals the award to Samuel Carrasco (Worker) of a lump-sum payment of disability benefits to replace periodic payments. Employer contends that a portion of the lump-sum payment was not permitted by the Workers' Compensation Administration Act because it was to pay a debt that had not accumulated during Worker's disability. We agree and reverse.

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