Legal Opinion

Martinez v. Zia Co.

New Mexico Court of Appeals

Decided May 17, 1983No. 6093PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

In this worker’s compensation case, the trial court increased the compensation award by ten percent on the basis that the injury “results from the negligence of the employer in failing to supply reasonable safety devices in general use for the use or protection of the workman * * NMSA 1978, § 52 — 1—10(B). Defendants appeal. We discuss: (1) pleading; (2) safety device; (3) general use; and (4) dispose of two motions.

Pleading

The claim for compensation alleged:

Plaintiff is entitled to an increase of ten (10%) percent of her [sic] ordinary award herein by reason of the…

2Cases cited12 opinions

  1. Romero v. H. A. Lott, Inc.New Mexico Supreme Court · 1962
  2. Flippo v. MartinNew Mexico Supreme Court · 1948
  3. Apodaca v. AllisonNew Mexico Supreme Court · 1953
  4. Porter v. Robert Porter & Sons, Inc.New Mexico Supreme Court · 1961
  5. Jones v. International Minerals Chemical CorporationNew Mexico Supreme Court · 1949

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sundance Mechanical & Utility Corp. v. AtlasNew Mexico Supreme Court · 1990
  2. Benavides v. E. N.M. Med. Ctr.New Mexico Supreme Court · 2014
  3. Benavides v. Eastern New Mexico Medical CenterNew Mexico Court of Appeals · 2014
  4. Foster v. Sun Healthcare Group, Inc.New Mexico Court of Appeals · 2012
  5. Benavides v. Eastern N.M. Med. Ctr.New Mexico Supreme Court · 2014

2 more not listed; retrieve them via the Exa API.

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