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DOUGLASS v. STATE, REG. & LICENSING

No. 12408.

812 P.2d 1331 (1991)

112 N.M. 183

Harold DOUGLASS, Claimant-Appellant, v. STATE of New Mexico, REGULATION AND LICENSING DEPARTMENT, a self-insured employer, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 22, 1991.

Attorney(s) appearing for the Case

Jane Bloom Yohalem, Carol Oppenheimer, Morton S. Simon, The Law Offices of Simon & Oppenheimer, Santa Fe, for claimant-appellant.

Scott P. Hatcher, Mariana G. Geer, Felker & Ish, P.A., Santa Fe, for respondent-appellee.

David L. Skinner, Christopher W. Nickels, Beall, Pelton, O'Brien & Brown, Albuquerque, for N.M. Defense Lawyers Ass'n, amicus curiae.

William H. Carpenter, Carpenter and Goldberg, Albuquerque, Chairman, amicus Committee, N.M. Trial Lawyers Ass'n, amicus curiae.

Michael B. Browde, Albuquerque, for N.M. Trial Lawyers Ass'n, amicus curiae.

OPINION

DONNELLY, Judge.

Worker appeals from a judgment denying him benefits under the Workers' Compensation Act. NMSA 1978, §§ 52-1-1 to -70 (Repl.Pamp. 1987) (New Act). Five issues are raised on appeal: (1) whether the workers' compensation judge (judge) erred as a matter of law in concluding that worker did not sustain an injury by accident arising out of and in the course of employment; (2) whether worker's stress-induced depression is a "physical...

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