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MARTINEZ v. DARBY CONST. CO.

No. 18171.

782 P.2d 904 (1989)

109 N.M. 146

Jerry MARTINEZ, Petitioner, v. DARBY CONSTRUCTION COMPANY And Mountain States Mutual Casualty Company, Respondents.

Supreme Court of New Mexico.

November 21, 1989.

Attorney(s) appearing for the Case

Montoya, Murphy, Kauffman & Garcia, Donald D. Montoya, Santa Fe. for petitioner.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Terry S. Kramer, Albuquerque, for respondents.

OPINION

SOSA, Chief Justice.

This case is before the Court on writ of certiorari to the court of appeals in which an opinion was entered reversing the decision of the Workers' Compensation Division to award benefits to Jerry R. Martinez (claimant). The opinion addressed the issue of timeliness of notice to the employer as required by NMSA 1978, Section 52-1-29 (Repl.Pamp. 1987). In making its determination that the claimant failed to give timely notice,...

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