SHAW v. WARNER

No. 7456.

677 P.2d 635 (1984)

101 N.M. 22

Joan E. SHAW, Individually and as Next Friend of Rhonda Shaw, Robert Shaw, Jr., Michael Shaw and Marjorie Shaw, Plaintiffs-Appellees, v. Joseph WARNER, III, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 1, 1984.


Attorney(s) appearing for the Case

John E. Conway, Phyllis A. Dow, Montgomery & Andrews, P.A., Albuquerque, for defendant-appellant.

John Duhigg, Catherine Gordon, Duhigg & Cronin, Albuquerque, for plaintiffs-appellees.


OPINION

WOOD, Judge.

Plaintiffs, the widow and minor children of Robert Shaw, Sr., assert that the worker's compensation law provides two separate and unrelated methods by which dependents (see NMSA 1978, § 52-1-17) may obtain compensation on the basis of the death of a worker. The specific contention is that NMSA 1978, Sections 52-1-31(B) and 52-1-46 each authorize compensation benefits for death, and that these two statutory provisions are...

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