[Download] "Brewster V. Cooley & Associates" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Brewster V. Cooley & Associates
Author : New Mexico Court of Appeals
Release Date : January 10, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

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.