Gambrel v. Marriott Hotel

The issue presented by employer’s appeal requires this court to answer the following legal question: whether worker’s widow (claimant) is entitled to an award of widow’s benefits and funeral expenses under NMSA 1978, Section 52-1-46 (Cum.Supp. 1986) when worker’s death did not occur within two years of the date of his accidental injury. Claimant also argues, in the event her claim is time barred, that the Workers’ Compensation Act (Act) violates due process and equal protection guarantees of the United States and New Mexico Constitutions. Because I interpret the statute to preclude an award…