Romero v. Cotton Butane Co., Inc.

OPINION

FRUMAN, Judge.

This consolidated appeal from the granting of motions for summary judgment in favor of the New Mexico Subsequent Injury Fund raises a question of first impression with regard to the Subsequent Injury Act, NMSA 1978, Sections 52-2-1 through -13. 1 That question is: may a worker, who brings a workmen’s compensation action against his employer and its insurer and who also alleges his right to payment from the Subsequent Injury Fund, continue his action against the Fund following a settlement with the employer and insurer? We reverse and remand.

PROCEEDINGS

Each worker filed an…