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MARES v. VALENCIA COUNTY SHERIFF'S DEPT.

No. 9847.

749 P.2d 1123 (1988)

106 N.M. 744

Raymond E. MARES, Plaintiff-Appellee, v. VALENCIA COUNTY SHERIFF'S DEPARTMENT, Employer, and Rockwood Insurance Company, Insurer, Defendants-Appellees, and Vicente B. Jasso, Superintendent of Insurance of the State of New Mexico, and the New Mexico Subsequent Injury Fund, Defendants-Appellants. and VALENCIA COUNTY SHERIFF'S DEPARTMENT, Employer, and Rockwood Insurance Company, Insurer, Third-party Plaintiffs-Appellees, v. Vicente B. JASSO, Superintendent of Insurance of the State of New Mexico, and the New Mexico Subsequent Injury Fund, Third-party Defendants-Appellants.

Court of Appeals of New Mexico.

January 12, 1988.

Attorney(s) appearing for the Case

James A. Mungle, James A. Mungle, P.A., Albuquerque, for Plaintiff-appellee.

Matthew P. Holt, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for defendants-appellees & third-party plaintiffs-appellees.

Mel E. Yost, Marykay Martin Zimbrick, Poole, Tinnin & Martin, P.C., Albuquerque, Hal Stratton, Atty. Gen., Maureen S. Reed, Asst. Atty. Gen., State Corp. Com'n, Santa Fe, for appellants & third-party defendants-appellants.

OPINION

DONNELLY, Chief Judge.

This case involves the proper method for determining the liability of the Subsequent Injury Fund (Fund), where the employer and its insurance carrier enter into a settlement with an injured worker, and both subsequently seek reimbursement from the Fund under the Subsequent Injury Act (SIA).

The Fund appeals from a judgment awarding plaintiff, Raymond E. Mares (Mares), compensation benefits, ordering reimbursement and...

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