PICKARD, Judge. Worker appeals from an order granting summary judgment for Employer in a workers' compensation case. Worker sought scheduled
injury benefits under NMSA 1978, Section 52-1-43 (Repl. Pamp. 1991). The ultimate question before us is whether Worker established
a disputed issue of material fact as to his entitlement to benefits for partial loss of use of his left elbow. See Koenig
v. Perez, 104 N.M. 664, 665-66, 726 P.2d 341, 342-43 (1986) (standards for summary judgment). The answer depends in part on
whether proof of an impairment, as defined in NMSA 1978, Section 52-1-24(A) (Repl. Pamp. 1991) (Effective Jan. 1, 1991), is
essential for recovery under Section 52-1-43. We hold that such proof is not required and that Worker raised a fact issue
on the critical question of loss of use of a specific body member. Accordingly, we reverse. In view of the bases for our Disposition,
we find it unnecessary to address Worker's issues regarding the construction and constitutionality of Section 52-1-24(A).
