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GARCIA v. HOMESTAKE MIN. CO.

No. 13006.

828 P.2d 420 (1992)

113 N.M. 508

Clarence L. GARCIA, Claimant-Appellee, v. HOMESTAKE MINING COMPANY, Respondent-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 23, 1992.

Attorney(s) appearing for the Case

Filbert J. Montes, Filbert J. Montes, P.C., Albuquerque, for claimant-appellee.

David G. Reynolds, Crider, Calvert & Bingham, P.C., Albuquerque, for respondent-appellant.

Thomas D. Haines, Jr., Hinkle, Cox, Eaton, Coffield, & Hensley, Roswell, amicus curiae, for New Mexico Defense Lawyers Ass'n.

OPINION

FLORES, Judge.

Homestake Mining Co. (employer) appeals from the final order of the workers' compensation judge (WCJ) awarding Clarence L. Garcia (claimant) compensation benefits under the Workers' Compensation Act (Act). Employer raises the following issues on appeal: (1) whether there is substantial evidence to support the finding and conclusion of the WCJ that claimant was injured in an accident arising out of his employment; (2) whether there...

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