Legal Opinion

Velkovitz v. Penasco Independent School District

New Mexico Supreme Court

Decided August 11, 1981No. 13114PublishedCited by 25 opinions

1Opinion of the Court

OPINION

RIORDAN, Justice.

On certiorari, the sole issue is whether plaintiff’s injuries are compensable under the Workmen’s Compensation Act. §§ 52-1-1 to 52-1-69, N.M.S.A. 1978 and Cum. Supp. 1980. The trial court and the Court of Appeals both ruled against the plaintiff. We reverse.

For an injury to be compensable it must be caused by an accident “arising out of and in the course of employment.” § 52-1-9, N.M.S.A. 1978. The phrase, in the course of employment, relates to the time, place, and circumstances under which the accident takes place. Walker v. Woldridge, 58 N.M. 183, 268 P.2d 579…

2Cases cited6 opinions

  1. Claim of Davis v. Newsweek MagazineNew York Court of Appeals · 1953
  2. McKinney v. DorlacNew Mexico Supreme Court · 1944
  3. Gutierrez v. Artesia Public SchoolsNew Mexico Court of Appeals · 1978
  4. Walker v. WoldridgeNew Mexico Supreme Court · 1954
  5. Claim of Motto v. Cosmopolitan Tourist Co.Appellate Division of the Supreme Court of the State of New York · 1951

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Sena v. Continental Casualty Co.New Mexico Court of Appeals · 1982
  2. Losinski v. Drs. Corcoran, Barkoff & Stagnone, P. A.New Mexico Court of Appeals · 1981
  3. Mortgage Inv. Co. of El Paso v. GriegoNew Mexico Supreme Court · 1989
  4. Chavez v. ABF Freight Systems, Inc.New Mexico Court of Appeals · 2001
  5. Harkness v. McKay Oil Corp.New Mexico Court of Appeals · 2008

20 more not listed; retrieve them via the Exa API.

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