LOSINSKI v. CORCORAN, BARKOFF & STAGNONE

No. 5079.

636 P.2d 898 (1981)

97 N.M. 79

Anita LOSINSKI, Plaintiff-Appellee, v. DRS. CORCORAN, BARKOFF AND STAGNONE, P.A., Employer, and Dodson Insurance Group, Insurer, Defendants-Appellants.

Court of Appeals of New Mexico.

November 3, 1981.


Attorney(s) appearing for the Case

Jerrald J. Roehl, Ronald W. Henkel, Jerrald J. Roehl & Associates, Albuquerque, for defendants-appellants.

Stephen M. Simone, Farlow and Bradley, P.A., Albuquerque, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Defendants appeal plaintiff's award of workmen's compensation benefits. The dispositive issue is whether the accident arose out of plaintiff's course of employment. We hold it did not and reverse.

The facts are not disputed. Losinski worked as a part-time receptionist at the offices of Drs. Corcoran, Barkoff and Stagnone. Shortly after arriving at work on July 5, 1979, Losinski ate a doughnut which had been provided by another...

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