Yanez v. Skousen Construction Company , 78 N.M. 756 ( 1968 )

NOBLE, Justice

(dissenting).

In my view the majority have not only ignored an express mandate of the legislature, but have in the guise of judicial construction rewritten an important part of the workmen’s compensation law to accomplish what the majority of this court believe it should have said.

Section 59-10-18.4, N.M.S.A.1953, expressly limits compensation awards for injuries to specific body members to that specified in the schedule not only for the loss or loss of use of the specific member, but also specifically limits an award for all disability resulting from such injury to a body member to the scheduled amount. The majority opinion makes it clear that the injury sustained by the workman was limited to the right leg. It is also made clear that disability extending beyond the specific body member for which they would allow additional compensation resulted solely from the injury to the leg. The statute thus limits recovery for such resulting disability to the scheduled amount. My interpretation of this statute is fully set forth in the dissent to Webb v. Hamilton, 78 N.M. 647, 436 P.2d 507, and Baker v. Shufflebarger & Associates, Inc., 78 N.M. 642, 436 P.2d 502, both filed January 22, 1968.

For the reasons given therein, I dissent.