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SMITH v. DOWELL CORP., A DIV. OF DOW CHEM.

No. 15167.

692 P.2d 27 (1984)

102 N.M. 102

Shawn SMITH, Petitioner, v. DOWELL CORPORATION, A DIVISION OF DOW CHEMICAL, USA, and Aetna Life & Casualty Company, Insurer, Respondents.

Supreme Court of New Mexico.

Rehearing Denied December 13, 1984.

Attorney(s) appearing for the Case

Prince, Schmidt & O'Friel, Daniel J. O'Friel, Winston Roberts-Hohl, Santa Fe, for petitioner.

Catron, Catron & Sawtell, John S. Catron, Santa Fe, for respondents.

OPINION

SOSA, Senior Justice.

Plaintiff-Appellant, Shawn Smith (Smith) filed a claim for benefits under New Mexico Workmen's Compensation Act (Act), NMSA 1978, Sections 52-1-1 through 52-1-69 (Orig.Pamp. and Cum.Supp. 1982) against his former employer Dowell Corporation (Dow). The district court granted summary judgment for Dow, stating plaintiff's claim was barred by his failure to timely file under Section...

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