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ROMERO v. SHUMATE CONSTRUCTIONS, INC.

Nos. 15325, 15426.

888 P.2d 940 (1994)

119 N.M. 58

Eloy R. ROMERO, Worker-Appellant, v. SHUMATE CONSTRUCTORS, INC. and Transamerica Insurance Group, and Fay's Painting Company, and United States Fidelity & Guaranty Company, Respondents-Insurers-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted January 9, 1995.

Attorney(s) appearing for the Case

Donald M. Pinnock, Will Ferguson & Associates, Albuquerque, for worker-appellant.

Gary J. Cade, Civerolo, Wolf, Gralow & Hill, P.A., Albuquerque, for Shumate Constructors, Inc. and Transamerica Ins. Group.

Manuel Garcia, Jr., Albuquerque, for Fay's Painting Co.

Thomas R. Mack, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for U.S. Fidelity Guar. & Co.

OPINION

BIVINS, Judge.

We consolidated these appeals to consider NMSA 1978, Section 52-1-22 (Repl. Pamp.1991), sometimes referred to as the "statutory-employer" or "contractor-under" provision of the Workers' Compensation Act, NMSA 1978, Section 52-1-1 to -70 (Repl. Pamp.1991). In the first case on appeal, Romero v. Shumate Constructors, Inc., a workers' compensation case, the Administrative Law Judge (ALJ) granted summary judgment in favor...

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