Pacheco v. Springer Corp., 787
| Decision Date | 17 March 1972 |
| Docket Number | No. 787,787 |
| Citation | 83 N.M. 622,495 P.2d 800,1972 NMCA 44 |
| Parties | Joe PACHECO, Plaintiff-Appellant, v. SPRINGER CORPORATION, a corporation, and Firemen's Fund American Insurance Company, Defendants-Appellees. |
| Court | Court of Appeals of New Mexico |
The plaintiff has appealed from the judgment in this workman's compensation case. We affirm.
Plaintiff was struck in the groin while at work on April 15, 1969, resulting in the loss of a testicle. He was paid maximum compensation through January 3, 1970. He was treated or examined by a general surgeon, a urologist and a psychiatrist, all three of whom testified as plaintiff's witnesses at the trial.
The court awarded plaintiff compensation and medical theretofore paid by the defendant insurer; 25% partial disability from January 4, 1970, to March 23 1971; and attorney's fees. Plaintiff now urges that 'The court should have awarded compensation for partial permanent (sic) disability', thus invoking the substantial evidence rule. The court's findings at issue here are:
The first day of trial was held July 10, 1970, at which time the three doctors testified. Trial was then recessed until March 23, 1971, at which time the urologist, Dr. Johnson, was recalled by the plaintiff.
The surgeon agreed that, on October 10, 1969, there was no basis, either emotional or physical, why the plaintiff should not have returned to work. He felt the plaintiff had no disability.
The urologist, the only one of the three doctors to have seen the plaintiff after the day of trial on July 10, 1970, testified that he saw the plaintiff on March 22, 1971, and that the plaintiff was fully recovered and physically able to work. He said the plaintiff had had some recurring pain during the previous two years, but that exploratory surgery and removal of some nerve and muscle fibers corrected this condition. He testified to no residual physical disability but stated that there were times in the past when the plaintiff would have had difficulty working.
The psychiatrist, Dr. Taylor, testified that, as of December 2,...
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