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POWERS v. RICCOBENE MASONRY CONST., INC.

No. 4540.

636 P.2d 291 (1980)

97 N.M. 20

Walter W. POWERS, Plaintiff-Appellee, v. RICCOBENE MASONRY CONSTRUCTION, INC., a New Mexico Corporation, United States Fidelity and Guaranty Company, and Rufus Gillory Masonry Company, a Sole Proprietorship, and Transamerica Insurance Company, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied December 15, 1980.

Certiorari Granted February 17, 1981.

Certiorari Quashed May 11, 1981.

Attorney(s) appearing for the Case

Michael Rosenberg, Michael G. Rosenberg & Associates, Albuquerque, Sarah M. Singleton, Pickard & Singleton, Santa Fe, for plaintiff-appellee.

Hal Simmons, Albuquerque, for defendants-appellants Riccobene and United States Fidelity & Guaranty Co.

J.E. Casados, Gallagher, Casados & Martin, Albuquerque, for defendants-appellants Rufus Gillory & Transamerica Ins. Co.

OPINION

LOPEZ, Judge.

This appeal involves the issue of which of two insurance carriers should pay compensation benefits to a disabled workman who suffered successive injuries while working for two different employers. The finding of the trial court that the workman is entitled to 100% disability is not contested by any party.

Claimant Powers is a bricklayer who, the trial court found, became disabled as the result of injuries incurred while working...

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