Legal Opinion
Losinski v. Drs. Corcoran, Barkoff & Stagnone, P. A.
New Mexico Court of Appeals
Decided November 3, 1981No. 5079PublishedCited by 18 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
Defendants appeal plaintiff’s award of workmen’s compensation benefits. The dis-positive issue is whether the accident arose out of plaintiff’s course of employment. We hold it did not and reverse.
The facts are not disputed. Losinski worked as a part-time receptionist at the offices of Drs. Corcoran, Barkoff and Stag-none. Shortly after arriving at work on July 5, 1979, Losinski ate a doughnut which had been provided by another employee. Doughnuts had been consumed during working hours in the past and the employer did not object to this custom. Occasionally, the employer…
2Cases cited7 opinions
- Webb v. New Mexico Pub. Co.New Mexico Supreme Court · 1943
- Edens v. New Mexico Health & Social Services DepartmentNew Mexico Supreme Court · 1976
- Whitehurst v. Rainbo Baking CompanyNew Mexico Supreme Court · 1962
- Gutierrez v. Artesia Public SchoolsNew Mexico Court of Appeals · 1978
- Walker v. WoldridgeNew Mexico Supreme Court · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ramirez v. Dawson Production Partners, Inc.New Mexico Court of Appeals · 2000
- Sena v. Continental Casualty Co.New Mexico Court of Appeals · 1982
- Harkness v. McKay Oil Corp.New Mexico Court of Appeals · 2008
- Kloer v. Municipality of Las VegasNew Mexico Court of Appeals · 1987
- Beckham v. Estate of BrownNew Mexico Court of Appeals · 1983
13 more not listed; retrieve them via the Exa API.