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LIVINGSTON v. ENVIRONMENTAL EARTHSCAPES

No. 32,622.

311 P.3d 1196 (2013)

2013-NMCA-099

Wilbert LIVINGSTON, Worker-Appellant, v. ENVIRONMENTAL EARTHSCAPES, d/b/a Grounds Keeper and Cambridge, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 26, 2013.

Attorney(s) appearing for the Case

Victor A. Titus , Farmington, NM, for Appellant.

Butt, Thornton & Baehr PC, David N. Whitham , Emily A. Franke , Albuquerque, NM, for Appellees.

OPINION

WECHSLER, Judge.

{1} Worker, Wilbert Livingston, appeals from a compensation order entered pursuant to the Workers' Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). Worker contends the Workers' Compensation Judge (WCJ) erred in concluding that Section 52-1-47.1 prevents him from receiving permanent partial disability (PPD) and loss of use (LOU) benefits that exceed his average weekly...

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