Ortega v. Shube

OPINION

LOPEZ, Judge.

Plaintiffs appeal a summary judgment against them granted by the district court in a case brought under the Workmen’s Compensation Act, §§ 52-1-1 to 52-1-69, N.M.S.A.1978 and the New Mexico Occupational Disease Disablement Law, §§ 52-3 — 1 to 52-3-59, N.M.S.A.1978, hereafter referred to as the Occupational Disablement Law.

The issue on appeal is whether § 37 — 1—14, N.M.S.A.1978, which provides that a second suit may be deemed a continuation of a prior action, is applicable in workmen’s compensation and occupational disablement cases.

Plaintiffs were employed by defendant…