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ROMERO v. COTTON BUTANE CO., INC.

Nos. 9082, 9163.

728 P.2d 483 (1986)

105 N.M. 73

Fred A. ROMERO, Plaintiff-Appellant, v. COTTON BUTANE CO., INC., and North-western National Casualty COMPANY, its insurer, Defendants, and Vicente B. Jasso, Superintendent of Insurance of the State of New Mexico, and the New Mexico Subsequent Injury Fund, Defendants-Appellees. William HATHAWAY, Plaintiff-Appellant, v. The ZIA COMPANY, United States Fidelity & Guaranty Company, insurer, Defendants, and Vicente B. Jasso, Superintendent of Insurance of the State of New Mexico, and the New Mexico Subsequent Injury Fund, Defendants-Appellees.

Court of Appeals of New Mexico.

October 28, 1986.

Attorney(s) appearing for the Case

John P. Faure, Santa Fe, for plaintiffs-appellants.

Marshall G. Martin, Orlando Lucero, Poole, Tinnin & Martin, P.C., Albuquerque, for defendants-appellees.

OPINION

FRUMAN, Judge.

This consolidated appeal from the granting of motions for summary judgment in favor of the New Mexico Subsequent Injury Fund raises a question of first impression with regard to the Subsequent Injury Act, NMSA 1978, Sections 52-2-1 through -13.1 That question is: may a worker, who brings a workmen's compensation action against his employer and its insurer and who also alleges his right to payment from the...

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