Legal Opinion

Boughton v. Western Nuclear, Inc.

New Mexico Court of Appeals

Decided April 26, 1983No. 6012PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WALTERS, Chief Judge.

Plaintiff’s decedent was killed as a result of accidental injury arising out of and in the course of his employment with defendant Western Nuclear, Inc. The compensation insurer paid death benefits to plaintiff under the Workmen’s Compensation Act, NMSA/1978, §§ 52-1-1, et seq., upon her husband’s death. She then petitioned for a lump sum award of all benefits due under the Act.

The trial court awarded a lump sum of $95,990.86 as remaining benefits due to plaintiff, but denied her claim for an additional 10% penalty on the alleged failure of the employer to provide…

2Cases cited4 opinions

  1. Codling v. Aztec Well Servicing Co.New Mexico Court of Appeals · 1976
  2. Padilla v. Frito-Lay, Inc.New Mexico Court of Appeals · 1981
  3. Jaramillo v. Anaconda Co.New Mexico Court of Appeals · 1981
  4. Spidle v. Kerr-McGee Nuclear Corp.New Mexico Supreme Court · 1981

3Cited by7 opinions

  1. Woodson v. Phillips Petroleum Co.New Mexico Supreme Court · 1985
  2. Paternoster v. La Cuesta Cabinets, Inc.New Mexico Court of Appeals · 1984
  3. Ramirez v. Dawson Production Partners, Inc.New Mexico Court of Appeals · 2000
  4. Merrifield Ex Rel. Merrifield v. Auto-Chlor SystemNew Mexico Court of Appeals · 1983
  5. Sowders ex rel. Sowders v. MFG Drilling Co.New Mexico Court of Appeals · 1985

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