[DOWNLOAD] "Vallejos v. Knc Inc." by New Mexico Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Vallejos v. Knc Inc.
- Author : New Mexico Supreme Court
- Release Date : January 08, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
We granted certiorari in this workmens compensation action to consider whether the testimony of a chiropractor may be admissible as "expert medical testimony" required in contested cases, under NMSA 1978, Subsection 52-1-28(B), to establish the causal connection between an employees work-related accidental injury and his disability. The trial court ruled that the testimony of plaintiffs treating chiropractor was not admissible on the issue of causation and, considering only the testimony of a licensed medical doctor tendered by defendant, denied various workmens compensation benefits on the ground that plaintiffs disability at the time of trial was not the direct result of his work-related injury. Plaintiff appealed and, relying upon its decision in Fierro v. Stanleys Hardware, 104 N.M. 401, 722 P.2d 652 (Ct. App.1985), revd on other grounds, 104 N.M. 50, 716 P.2d 241 (1986), the Court of Appeals affirmed the trial courts decision in a memorandum opinion. In light of our recent opinion in Madrid v. University of California, 105 N.M. 715, 737 P.2d 74 (1987), we hold that a chiropractor may offer expert medical testimony regarding causation under Subsection 52-1-28(B). We therefore reverse the decisions of the Court of Appeals and the trial court and remand to the trial court for the entry of new findings of fact and conclusions of law.