Brewster V. Cooley & Associates - New Mexico Court of Appeals

Brewster V. Cooley & Associates

By New Mexico Court of Appeals

  • Release Date: 1993-12-10
  • Genre: Law

Description

Claimant appeals the compensation order of the Workers' Compensation Administration (Administration). We discuss (1) timeliness of the appeal; (2) whether the workers' compensation Judge (judge) properly awarded Respondents an offset for medical benefits paid under a prior settlement; (3) whether Respondents failed to prove with reasonable certainty that payment of current medical benefits would duplicate Claimant's prior settlement award; and (4) whether the Judge erred in failing to prorate the offset over Claimant's life expectancy. For the reasons that follow, we hold that Claimant's appeal was timely filed, that the Judge properly awarded Respondents an offset for medical benefits paid pursuant to Claimant's  prior settlement, and that, under the circumstances existing here, the Judge was not required to prorate the offset. Therefore, we affirm.

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