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ORTIZ v. OVERLAND EXP.

No. 28,135.

207 P.3d 1147 (2009)

2009-NMCA-041

Theresa ORTIZ, for the estate of Robert BAROS, deceased, Worker-Appellant, v. OVERLAND EXPRESS, uninsured, and WCA Uninsured Employers' Fund, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,612, April 20, 2009.

Attorney(s) appearing for the Case

Jeffrey C. Brown, Albuquerque, NM, for Appellant.

Richard Nelson, Albuquerque, NM, for Pro Se Employer/Appellee.

Gary K. King, Attorney General, Richard J. Crollett, Special Assistant Attorney General, for Appellee WCA Uninsured Employers' Fund.

OPINION

VIGIL, Judge.

{1} Worker's estate appeals from a compensation order awarding no compensation to the estate. The Workers' Compensation Judge (WCJ) concluded that Worker's use of methamphetamine and amphetamine was the sole cause of his death and benefits are therefore barred by NMSA 1978, § 52-1-12 (1989) of the Worker's Compensation Act (WCA). We hold that, as it relates to amphetamine and methamphetamine, this statutory defense...

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