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Montoya V. Akal Security Inc.

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eBook details

  • Title: Montoya V. Akal Security Inc.
  • Author : New Mexico Supreme Court
  • Release Date : January 02, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

We issued our writ of certiorari to the Court of Appeals to reconsider the rule that satisfaction of a claim against a third-party tortfeasor extinguishes a worker's right to compensation and related benefits arising from the same circumstances as the third-party claim. That rule derives from Castro v. Bass, 74 N.M. 254, 392 P.2d 668 (1964), and NMSA 1978, Section 52-5-17 (Cum. Supp. 1986). In an unpublished opinion founded on Castro, the Court of Appeals affirmed a denial of benefits by the workers' compensation Judge. We reverse.


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