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VILLA v. CITY OF LAS CRUCES

No. 29,456.

241 P.3d 1108 (2010)

2010-NMCA-099

Edward VILLA, Worker-Appellee, v. CITY OF LAS CRUCES, self-insured, Employer/Insurer-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, September 23, 2010, No. 32,561.

Attorney(s) appearing for the Case

Rod Dunn , Rio Rancho, NM, for Appellee.

Holt Babington Mynatt P.C., Catherine Quinones , Las Cruces, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} City of Las Cruces (Employer) appeals from a workers' compensation judge's (WCJ) compensation order awarding Edward Villa (Worker) disability benefits. The issue is whether Worker's on-the-job intoxicated state barred him from recovery under the Workers' Compensation Act (the Act). The issue requires us to consider the meaning and application of two sections of the Act, namely, NMSA 1978, Section 52-1-11 (1989), under...

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