Legal Opinion

Lujan v. Payroll Express, Inc.

New Mexico Court of Appeals

Decided June 9, 1992No. 13394PublishedCited by 7 opinions

1Opinion of the Court

OPINION

MINZNER, Judge.

Claimant-appellant Judie R. Lujan (Claimant) appeals from an order entered by the Workers’ Compensation Administration denying her claims for death benefits for herself and her minor children. Claimant alleged that her husband, Joseph R. Lujan (Lujan), died in a compensable accident when he was accidentally poisoned by carbon monoxide at a job site. After a formal hearing, the Workers' Compensation Judge (WCJ) found that Lujan did not die of an accident arising out of and in the course of employment because the risk of accident was not incident to Lujan’s employment.…

2Cases cited15 opinions

  1. Woolwine v. Furr's, Inc.New Mexico Court of Appeals · 1987
  2. Edens v. New Mexico Health & Social Services DepartmentNew Mexico Supreme Court · 1976
  3. Gutierrez v. Artesia Public SchoolsNew Mexico Court of Appeals · 1978
  4. Yerbich Ex Rel. Yerbich v. HealdNew Mexico Court of Appeals · 1976
  5. Whittenberg v. Graves Oil & Butane Co.New Mexico Court of Appeals · 1991

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3Cited by7 opinions

  1. Pierre v. Seaside Farms, Inc.Supreme Court of South Carolina · 2010
  2. Apodaca v. Payroll Express, Inc.New Mexico Court of Appeals · 1993
  3. O'Rourke v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2014
  4. Murillo v. Payroll ExpressNew Mexico Court of Appeals · 1995
  5. O'Rourke v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2015

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