Ballard v. Southwest Potash Corp‪.‬

In 1959, prior to his employment with defendant employer (Southwest Potash Corporation) and pursuant to § 59-10-37, N.M.S.A. 1953 (repl. vol. 9, pt. 1), plaintiff and employer executed a certificate of pre-existing disability. The certificate states that plaintiff had a 15% permanent partial disability of his body as a whole a the result of a congenital anomaly. The anomaly was a spondylolisthesis-a congenital cleft in the isthmus of the 5th lumbar vertebra, bilaterally, with narrowing of the interspace between the 5th lumbar vertebra and the sacrum and a slight forward slipping of the 5th lumbar vertebra on the sacrum of approximately 1/8th of an inch.