EDMISTON v. CITY OF HOBBS

No. 17197.

944 P.2d 883 (1997)

123 N.M. 654

1997-NMCA-085

Joyce EDMISTON, Worker-Appellant, v. CITY OF HOBBS and Liberty Mutual Insurance Company, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 27, 1997.


Attorney(s) appearing for the Case

Lowell Stout, Stout & Stout, Hobbs, Sarah M. Singleton, Carolyn A. Wolf, Montgomery & Andrews, P.A., Santa Fe, for Worker-Appellant.

Kimberly A. Franklin, Hatch, Allen & Shepherd, P.A., Albuquerque, for Employer/Insurer-Appellees.


OPINION

BOSSON, Judge.

1. Worker Joyce Edmiston appeals a decision of the Workers' Compensation Judge (WCJ). She argues that the WCJ misapprehended New Mexico law on preexisting conditions and workplace injuries which led to an incorrect determination of Worker's benefits. We determine that the WCJ incorrectly applied the law to the facts of this case, and therefore reverse and remand.

BACKGROUND

2. On September 28, 1994, Worker was a clerk...

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