Tapia v. Springer Transfer Co.

OPINION

GARCIA, Judge.

Plaintiff appeals from a summary judgment on her claim for death benefits under the New Mexico Occupational Disease Disablement Law. Plaintiff raises two issues on appeal: 1) whether a surviving dependent spouse’s claim for death benefits is an independent cause of action and, therefore, not time-barred under NMSA 1978, Section 52-3-42(C) (Cum.Supp.1986) if filed within one year of decedent’s death; and 2) whether the affidavit submitted by plaintiff in opposition to the motion for summary judgment established an issue of material fact as to whether her husband’s failure…