Kern v. Ideal Basic Industries
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WOOD, Judge.
Defendants moved to dismiss the complaint seeking worker’s compensation benefits for failure to state a claim upon which relief could be granted. Depositions were considered at the hearing on the motion; thus the motion is to be treated as a motion for summary judgment. NMSA 1978, Civ. P.R. 12(b) (Repl.Pamp.1980). The trial court denied the motion. This court granted an interlocutory appeal. The issue, as stated in the trial court’s order, is whether plaintiff may recover worker’s compensation benefits “because Plaintiff suffered a mental breakdown from being terminated…
2Cases cited17 opinions
- Gilbert v. E. B. Law & Son, Inc.New Mexico Supreme Court · 1955
- Williams v. City of GallupNew Mexico Supreme Court · 1966
- Schober v. Mountain Bell TelephoneNew Mexico Court of Appeals · 1981
- Hernandez v. Home Education Livelihood Program, Inc.New Mexico Court of Appeals · 1982
- Gutierrez v. Artesia Public SchoolsNew Mexico Court of Appeals · 1978
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3Cited by7 opinions
- Fulco v. Norwich Roman Catholic Diocesan Corp.Connecticut Appellate Court · 1992
- Candelaria v. General Electric Co.New Mexico Court of Appeals · 1986
- Cox v. Chino Mines/Phelps DodgeNew Mexico Court of Appeals · 1993
- Lapare v. Industrial Com'n of Ariz.Court of Appeals of Arizona · 1987
- Wasilchuk v. Harvey's Wagon Wheel, Inc.District Court, D. Nevada · 1985
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