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BATEMAN v. SPRINGER BLDG. MATERIALS CORP.

No. 10493.

777 P.2d 383 (1989)

108 N.M. 655

Gabriela BATEMAN, Individually and as Mother of Paul Bateman and Nadine Bateman, Minor Children, Claimant-Appellant/Cross-Appellee, v. SPRINGER BUILDING MATERIALS CORPORATION, a/k/a Mobile Premix Concrete, Inc., Respondent-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 26, 1989.

Attorney(s) appearing for the Case

Ronald Boyd, Santa Fe, for claimant-appellant/cross-appellee.

David N. Whitham, Butt, Thornton and Baehr, P.C., Albuquerque, for respondent-appellee/cross-appellant.

OPINION

ALARID, Judge.

Claimant's husband, Richard Bateman, was employed as a batch plant operator by Springer Building Materials Corporation (respondent). On December 16, 1986, Bateman died when he became entrapped in the snub pulley conveyor belt mechanism of batch plant number two. It is undisputed that Bateman's death arose out of and in the course of his employment with respondent.

Claimant filed an action in the Workers' Compensation Division...

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