Holman v. Oriental Refinery

MOISE, Justice.

Appellants, employer and insurer, hereinafter collectively called “employer” present three points relied on for reversal of a judgment granting recovery to appelleeemployee based on 30% disability under the New Mexico Occupational Disease Disablement Law (§§ 59-11-1 to 59-11-42, N.M. S.A.1953). They are:

1. That the act is sui generis, and that the rules of civil procedure are not applicable to actions brought thereunder. The specific question has to do with whether Rule 15(c) (§ 21-1-1(15) (c) N.M.S.A. 1953), dealing with relation back of amended pleadings, is applicable.

2.…