Wilson v. Employment Sec. Commission
| Decision Date | 18 July 1966 |
| Docket Number | No. 7777,7777 |
| Parties | R. L. WILSON, Robert E. Croom, Lloyd F. Grinslade, et al., Plaintiffs-Appellants, v. EMPLOYMENT SECURITY COMMISSION of New Mexico, Respondent-Appellee, and Kennecott Copper Corporation, Chino Mines Division, Employer-Appellee. |
| Court | New Mexico Supreme Court |
This is the second time the case has been considered by us. Wilson v. Employment Security Commission, 74 N.M. 3, 389 P.2d 855. The question presented for decision on this appeal is whether appellants are entitled to interest on unemployment compensation benefits from the date of the judgment in their favor. In the previous proceeding, the Commission and Kennecott had appealed from three judgments of the District Court of Grant County reversing decisions of the Commission which had denied unemployment compensation benefits to some 525 claimants who were or had been employees of Kennecott. The claims were consolidated for review before the district court and for review on appeal. The sole question then before the Commission was the eligibility of the claimants to receive unemployment compensation benefits. Benefits were denied by the Commission on the ground that the claimants were disqualified for benefits by virtue of § 59--9--5(d), N.M.S.A.1953. Upon review of the Commission's decision, the court found that the decision of the Commission was contrary to the facts and law and that the claimants were entitled to the benefits sought. The court entered its judgment December 29, 1960, reversing the decision of the Commission in the following language:
'It is therefore ORDERED AND ADJUDGED that the decision of the Employment Security Commission of New Mexico entered January 11, 1960 in regard to the claimants described as Petitioners in the above consolidated actions, be and the same hereby are reversed and set aside and the causes remanded to said Commission with the directions to the Employment Security Commission of New Mexico to pay unemployment compensation to each claimant the amount to which each is entitled, upon the further instructions to the Employment Security Commission of New Mexico that no unemployment compensation shall be denied any of these employees by virtue of any of the provisions of Section 59--9--4--C and Section 59--9--5--D1 & 2, New Mexico Statutes, 1953, Annotated, * * *.'
No judgment was entered against Kennecott; nevertheless, on December 29, 1960, Kennecott, the employer, voluntarily appealed and superseded the judgment rendered against the Commission. Its bond was conditioned as follows:
'* * * if the decision of the court below be affirmed or the appeal dismissed, it will comply with such judgment and pay all costs and damages finally adjudged against it, including legal damages, if any, caused by the taking of the appeal, then this obligation to be null and void and of no effect, otherwise to remain in full force and effect.'
On January 18, 1961, the Commission itself appealed, thus payment of the claims was delayed for some four years. We affirmed the judgment without directions and thereupon all claims for benefits were paid by the Commission forthwith.
Upon remand, however, the mandate, after reciting affirmance of the judgment, directed the court to 'enter your judgment...
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