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CHAVEZ v. ABF FREIGHT SYSTEMS, INC.

Nos. 21,000, 21,036.

27 P.3d 1011 (2001)

130 N.M. 524

2001-NMCA-039

David Simon CHAVEZ, Worker-Appellee, v. ABF FREIGHT SYSTEMS, INC., Employer-Appellant. Jodee A. Sindelar, as Personal Representative Of the Estate of Allen Jenkins, The Deceased, Worker-Appellee, v. ABF Freight Systems, Inc., Employer-Appellant, v. Renee Jenkins, As Mother and Guardian of Stefanie Jenkins and Zachary Jenkins, the minor children of the deceased worker, Appellees, v. Jodee Sindelar, Widow and as Mother and Guardian of Anna Jenkins and Sara Jenkins, the minor children of the deceased worker, Appellees.

Court of Appeals of New Mexico.

May 29, 2001.

Attorney(s) appearing for the Case

Kelly A. Genova, Victor P. Montoya, Civerolo, Gralow & Hill, P.A., Albuquerque, NM, for Appellant.

David F. Cargo, Albuquerque, NM, for Appellee David Simon Chavez.

Gerald A. Hanrahan, Albuquerque, NM, for Appellee Jodee Sindelar.

Mark D. Jarner, Los Lunas, NM, Guardian Ad Litem for Appellees Stefanie Jenkins and Zachary Jenkins.

OPINION

ROBINSON, Judge.

{1} In these workers' compensation cases, we apply the "traveling-employee rule" announced in Ramirez v. Dawson Prod. Partners, Inc., 2000-NMCA-011, ¶¶ 11-20, 128 N.M. 601, 995 P.2d 1043. We consolidate these cases on our own motion because they involve similar facts and a common legal issue. Both employees are truck drivers employed by ABF...

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