MOYA v. CITY OF ALBUQUERQUE

No. 26,382.

159 P.3d 266 (2007)

2007-NMCA-057

Christopher R. MOYA, Worker-Appellant, v. CITY OF ALBUQUERQUE, Employer-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted May 11, 2007.


Attorney(s) appearing for the Case

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

Butt Thornton & Baehr PC, Carlos G. Martinez, Emily A. Franke, Albuquerque, NM, for Appellee.


Certiorari Granted, No. 30,343, May 11, 2007.

OPINION

CASTILLO, Judge.

{1} This workers' compensation appeal provides us with another opportunity to address an employer's right to an offset when the injured employee gets a job with a new employer. The Workers' Compensation Judge (WCJ) concluded that under NMSA 1978, § 52-1-47.1(A) (1990), the City of Albuquerque (Employer) was entitled to an offset. We reverse. We conclude that under the law...

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