BRITZ v. JOY MFG. CO.

No. 5180.

642 P.2d 198 (1982)

97 N.M. 595

Robert BRITZ, Plaintiff-Appellant, v. JOY MANUFACTURING COMPANY, a foreign corporation, and National Union Fire Insurance Company of Pittsburgh, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Quashed March 12, 1982.


Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for plaintiff-appellant.

Larry Ramirez, Las Cruces, for defendants-appellees.


OPINION

NEAL, Judge.

In this workmen's compensation action plaintiff was denied relief because he had settled with a third party tortfeasor and therefore, under the provisions of § 52-1-56(C), N.M.S.A. 1978, he was not entitled to recover workmen's compensation benefits. Plaintiff appeals. We affirm.

Plaintiff contends: (1) that the trial court erred in finding no inequitable conduct on the part of defendant; (2) plaintiff did not make an election...

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