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ABF FREIGHT SYSTEM v. MONTANO

No. 14294.

657 P.2d 115 (1982)

99 N.M. 259

ABF FREIGHT SYSTEM, Petitioner, v. Procopio A. MONTANO, Respondent.

Supreme Court of New Mexico.

Rehearing Denied January 21, 1983.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, W.A. Sloan, Albuquerque, for petitioner.

Franchini, Henderson & Wagner, Kenneth R. Wagner, Albuquerque, for respondent.

OPINION

RIORDAN, Justice.

Procopio A. Montano (Plaintiff) filed suit against his employer, ABF Freight System (Defendant), under New Mexico Workmen's Compensation Act, Sections 52-1-1 through 52-1-69, N.M.S.A. 1978 (Orig.Pamp. and Cum.Supp. 1982), for injury to his back. The trial court found that Plaintiff's claim for workmen's compensation benefits was barred by Section 52-1-31. The Court of Appeals reversed the trial court. We granted certiorari and we...

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