Legal Opinion
Buchanan v. Kerr-McGee Corp.
New Mexico Court of Appeals
Decided October 18, 1995No. 16097PublishedCited by 11 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
Muriel Buchanan (Claimant), widow of Henry Buchanan (Worker), appeals an order denying her claim for death benefits under the New Mexico Occupational Disease Disablement Law (the Occupational Disease Law). NMSA 1978, §§ 52-3-13 to -60 (Repl. Pamp.1991 & Cum.Supp.1995). Claimant raises two issues on appeal: (1) is Claimant’s claim for death benefits barred by a settlement and release made by Worker during his lifetime, and (2) did the Workers’ Compensation Judge (WCJ) err in deciding Worker’s lung cancer was noncompensable because of the presence of a non-occupational…
2Cases cited30 opinions
- Rutledge v. Tultex Corp./Kings YarnSupreme Court of North Carolina · 1983
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- McAllister v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968
- Reynolds v. Ruidoso Racing Association, Inc.New Mexico Supreme Court · 1961
- Fleet Mortgage Corp. v. SchusterNew Mexico Supreme Court · 1991
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3Cited by11 opinions
- Kibble v. Weeks Dredging & Construction Co.Supreme Court of New Jersey · 1999
- In the Matter of Bernard L. CollinsCourt of Appeals of Maryland · 2020
- Edmiston v. City of HobbsNew Mexico Court of Appeals · 1997
- Polk v. Planet InsuranceMontana Supreme Court · 1997
- Banks v. IMC Kalium Carlsbad Potash Co.New Mexico Court of Appeals · 2002
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