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ORTIZ v. OVERLAND EXPRESS

No. 31,612.

237 P.3d 707 (2010)

2010-NMSC-021

Theresa ORTIZ for the Estate of Robert Baros, deceased, Worker-Respondent, v. OVERLAND EXPRESS, uninsured employer, and New Mexico Workers' Compensation Administration Uninsured Employers' Fund, Employer-Insurer-Petitioners.

Supreme Court of New Mexico.

April 30, 2010.

Attorney(s) appearing for the Case

Richard Nelson, Albuquerque, NM, for Petitioner Pro Se.

Richard J. Crollett, Sharon L. Gentry, Albuquerque, NM, for Petitioner.

Law Offices of Jeffrey C. Brown, Jeffrey C. Brown, Albuquerque, NM, for Respondent.

OPINION

MAES, Justice.

{1} Robert Baros (Worker) died as a result of an accident that occurred while he was working as a delivery service driver/courier for Overland Express (Employer). The Workers' Compensation Judge (WCJ) denied workers' compensation benefits, finding that the sole cause of the accident was Worker's illegal use of methamphetamine and amphetamine. The issues presented in this appeal are (1) whether the Legislature intended...

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