Legal Opinion

Smith v. DOWELL CORP., a DIV. OF DOW CHEM.

New Mexico Supreme Court

Decided September 21, 1984No. 15167PublishedCited by 15 opinions

1Opinion of the Court

OPINION

SOSA, Senior Justice.

Plaintiff-Appellant, Shawn Smith (Smith) filed a claim for benefits under New Mexico Workmen’s Compensation Act (Act), NMSA 1978, Sections 52-1-1 through 52-1-69 (Orig.Pamp. and Cum.Supp.1982) against his former employer Dowell Corporation (Dow). The district court granted summary judgment for Dow, stating plaintiff’s claim was barred by his failure to timely file under Section 52-l-31(A). In a memorandum opinion, the Court of Appeals affirmed. We granted certiorari and reverse the Court of Appeals.

The sole issue before the Court is when will a worker with a latent…

2Cases cited11 opinions

  1. Gonzales v. Chino Copper Co.New Mexico Supreme Court · 1924
  2. Transport Indemnity Company v. GarciaNew Mexico Court of Appeals · 1976
  3. Casias v. Zia Co.New Mexico Court of Appeals · 1979
  4. Bowerman v. Employment Security CommissionMontana Supreme Court · 1983
  5. Noland v. Young Drilling CompanyNew Mexico Court of Appeals · 1968

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3Cited by15 opinions

  1. Kern Ex Rel. Kern v. St. Joseph Hospital, Inc.New Mexico Supreme Court · 1985
  2. Wylie Corp. v. MowrerNew Mexico Supreme Court · 1986
  3. Coy v. Dover Corp./Norris DivisionSupreme Court of Oklahoma · 1989
  4. Whittenberg v. Graves Oil & Butane Co.New Mexico Court of Appeals · 1991
  5. Hernandez v. Levi Strauss, Inc.New Mexico Court of Appeals · 1988

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