SMITH v. ARIZONA PUBLIC SERVICE CO.

No. 22,500.

75 P.3d 418 (2003)

134 N.M. 202

2003-NMCA-097

Henry SMITH, Worker-Appellee, v. ARIZONA PUBLIC SERVICE COMPANY, Employer-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 4, 2003.


Attorney(s) appearing for the Case

Victor A. Titus, H. Steven Murphy, Titus & Murphy Law Firm, Farmington, NM, for Appellee.

J.E. Casados, Gallagher, Casados & Mann, P.C., Albuquerque, NM, for Appellant.


Certiorari Denied, No. 28,151, August 4, 2003.

OPINION

KENNEDY, Judge.

{1} Arizona Public Service Company (Employer) appeals from the Workers' Compensation Administration's award of workers' compensation benefits to Henry Smith (Worker) for an injury sustained to his ears in a work-related accident. Employer argues that compensation for a scheduled injury awarded pursuant to NMSA 1978, § 52-1-43(B) (1989), must exclude the percentage...

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