Burton v. Jennings Brothers

SUTIN, Judge

(dissenting).

I dissent.

When is a judgment in a workmen’s compensation case a final judgment? It is final when it contains all of the elements of finality as do other civil judgments. Durham v. Gulf Interstate Engineering Company, 74 N.M. 277, 393 P.2d 15 (1964).

When a judgment is payable in installments for disability for a period of weeks, the judgment is final when the full statutory period has elapsed. Durham, supra. Churchill v. City of Albuquerque, 66 N.M. 325, 347 P.2d 752 (1959); Segura v. Jack Adams. General Contractor, 64 N.M. 413, 329 P.2d 432 (1958); Livingston v. Loffland Brothers Co., 86 N.M. 375, 524 P.2d 991 (Ct.App.1974).

In the instant case, the judgment awarded plaintiff a total of $2,432.92 in compensating costs and expenses. It was not payable in installments. It has all the elements of finality. The judgment was entered June 12, 1974. The plaintiff entered a satisfaction of judgment. This clearly enunciates that the judgment was final. No appeal was taken from the judgment. The trial court lacked jurisdiction to proceed further in the case. Sections 59 — 10— 16(B) and 59-10-16.1, N.M.S.A.19S3 (2d Repl.Vol. 9, pt. 1). The motion for an increase in the compensation award was properly denied as a matter of law because the judgment and payment thereof by defendants disposed of all the rights of the parties.

In addition to the satisfaction of judgment, plaintiff executed a release. The majority opinion says: “Questions concerning the release may be litigated at this evidentiary hearing.” If this issue is heard first, and the release is also sustained, no further evidentiary hearing on the motion will be required.