UDERO v. PHELPS DODGE MIN. CO.

No. 16201.

913 P.2d 680 (1996)

121 N.M. 492

Susan M. UDERO, Worker-Appellee, v. PHELPS DODGE MINING COMPANY, Self-Insured, Employer-Appellant.

Court of Appeals of New Mexico.

February 14, 1996.


Attorney(s) appearing for the Case

Paul Maestas, Wayne R. Suggett, Silva, Rieder & Maestas, P.C., Albuquerque, for Appellant.

Mark E. Komer, The Roehl Law Firm, P.C., Albuquerque, for Appellee.


OPINION

FLORES, Judge.

1. Phelps Dodge Mining Company (Employer) appeals the workers' compensation judge's (judge) order denying its motion for summary judgment and order granting summary judgment in favor of Susan Udero (Worker). On appeal, Employer argues that NMSA 1978, Section 52-1-41(B) (Repl. Pamp.1991) (effective Jan. 1, 1991) of the Workers' Compensation Act (the Act), forbids payment of temporary total disability benefits for a secondary...

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