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MOYA v. CITY OF ALBUQUERQUE

No. 30,343.

175 P.3d 926 (2007)

2008-NMSC-004

Christopher R. MOYA, Worker-Petitioner, v. CITY OF ALBUQUERQUE, Employer-Respondent.

Supreme Court of New Mexico.

December 20, 2007.

Attorney(s) appearing for the Case

Gerald A. Hanrahan, Albuquerque, NM, for Petitioner.

Butt, Thornton & Baehr, P.C., Carlos G. Martinez, Emily A. Franke, Albuquerque, NM, for Respondent.

OPINION

SERNA, Justice.

{1} The sole issue before us is whether substantial evidence supports the Workers' Compensation Judge's (WCJ) physical capacity finding that Christopher R. Maya's (Worker) job as a correctional officer required only "medium" physical capacity. Based on our review of the whole record, we conclude that Worker's job required "heavy" physical capacity. Accordingly, we reverse. the Court of Appeals and remand to the WCJ for a recalculation...

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