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MURILLO v. PAYROLL EXP.

No. 15740.

901 P.2d 751 (1995)

120 N.M. 333

Jesús MURILLO, Worker-Appellee, v. PAYROLL EXPRESS and United States Fidelity & Guaranty Company, Employer/Insurer-Appellants.

Court of Appeals of New Mexico.

May 24, 1995.

Attorney(s) appearing for the Case

Josephine D. Rohr, Robert R. Work, Albuquerque, for worker-appellee.

Timothy R. Briggs, Thomas R. Mack, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for employer/insurer-appellants.

OPINION

BUSTAMANTE, Judge.

This is a worker's compensation case. Employer appeals, asserting three general issues: (1) Whether the Workers' Compensation Judge (WCJ) erred in the calculation of Worker's average weekly wage and compensation rate by not properly accounting for the seasonal nature of the employment and not accurately calculating the Worker's "real economic gain" from the employment; (2) Whether the WCJ erred by making an "unsupported...

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