Rader v. Don J. Cummings Co., Inc.

OPINION

BIVINS, Chief Judge.

This court’s opinion filed August 31, 1989, is withdrawn and the following substituted therefor.

Plaintiff Wallace Rader sued his employer, Don J. Cummings Company, Inc., and its insurance carrier, Fireman’s Fund Insurance Company (hereinafter collectively referred to as “employer”), under the Workmen’s Compensation Act, NMSA 1978, Sections 52-1-1 to -69 (Orig. Pamp.), and the Occupational Disease Disablement Law, NMSA 1978, Sections 52-3-1 to -59 (Orig. Pamp.), for benefits allegedly resulting when Rader became totally and permanently disabled February 7, 1986.…