EMPLOYERS NAT. INS. CO. v. WINTERS

No. 7526.

681 P.2d 741 (1984)

101 N.M. 315

EMPLOYERS NATIONAL INSURANCE COMPANY, Petitioner-Appellee, v. Rita D. (Harcrow) WINTERS, individually and as next friend of Chad Lee Harcrow, a minor child, Respondent-Appellant.

Court of Appeals of New Mexico.

April 5, 1984.


Attorney(s) appearing for the Case

David R. Vandiver, Losee, Carson & Dickerson, P.A., Artesia, for respondent-appellant.

J.W. Neal, Neal & Neal, Hobbs, Ronald Segal, John A. Bannerman, Sutin, Thayer & Browne, P.C., Albuquerque, for petitioner-appellee.

Dewie B. Leach, Hobbs, N.M., guardian ad litem.


OPINION

DONNELLY, Chief Judge.

The respondent, Rita D. Winters, surviving widow of decedent Kenneth D. Harcrow, appeals from an order of the trial court denying her motion for the payment of a lump sum award of workers' compensation benefits following her remarriage. On appeal respondent raises two issues: (1) error in denial of lump sum award; and (2) denial of attorneys fees. We reverse.

Facts

On October 15, 1979, Kenneth D. Harcrow...

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