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SCHIRMER v. HOMESTAKE MIN. CO.

No. 21832.

882 P.2d 11 (1994)

118 N.M. 420

Helen SCHIRMER, as surviving dependent widow of Robert Schirmer, Claimant-Appellant, v. HOMESTAKE MINING COMPANY, Respondent-Appellee.

Supreme Court of New Mexico.

September 2, 1994.

Attorney(s) appearing for the Case

The Branch Law Firm, Brian K. Branch, Albuquerque, for appellant.

Gary Fernandez, Grants, for appellee.

Butt, Thornton & Baehr, P.C., Carlos G. Martinez and Emily A. Franke, Albuquerque, for amicus curiae N.M. Defense Lawyers Ass'n.

OPINION

BACA, Justice.

Claimant-Appellant, Helen Schirmer, appeals from an order of the Workers' Compensation Division of the New Mexico Department of Labor (the "Division") granting summary judgment in favor of Respondent-Appellee, Homestake Mining Company ("Homestake"), under NMSA 1978, Section 52-3-10(C) (Repl.Pamp.1991). On appeal, we address the constitutionality of Section 52-3-10(C), and hold that Section 52-3-10(C) is unconstitutional as it...

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