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GARCIA v. MT. TAYLOR MILLWORK, INC.

No. 10996.

801 P.2d 87 (1989)

111 N.M. 17

Consuelo GARCIA, As Personal Representative of the Estate of George Garcia, Deceased, Claimant-Appellee, v. MT. TAYLOR MILLWORK, INC., and Lumberman's Underwriting Alliance, Respondents-Appellants.

Court of Appeals of New Mexico.

November 16, 1989.

Attorney(s) appearing for the Case

Martin J. Chavez, Chavez Law Offices, Albuquerque, for claimant-appellee.

David N. Whitham, Butt, Thornton & Baehr, P.C., Albuquerque, for respondents-appellants.

Bradford V. Coryell, Compton, Hickey & Ives, P.A., Santa Fe, Larry Ramirez, Manuel I. Arrieta, Weinbrenner, Richards, Paulowsky, Sandenaw & Ramirez, P.A., Las Cruces, for New Mexico Defense Lawyers Ass'n, amicus curiae.

William H. Carpenter, Carpenter Law Offices, Ltd., Michael B. Browde, Albuquerque, for New Mexico Trial Lawyers Ass'n, amicus curiae.

OPINION

ALARID, Judge.

In this appeal from an order of the Workers' Compensation Division, appellant Mt. Taylor Millwork (employer) challenges the hearing officer's award of death benefits to employee's widow (claimant). Employer raises three issues on appeal: (1) whether the enactment of NMSA 1978, Section 52-5-1 (Repl.Pamp. 1987) affects the premises exception to the going and coming rule adopted in Dupper v...

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