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EDENS v. NEW MEXICO HEALTH & SOCIAL SERV. DEPT.

No. 1776.

540 P.2d 846 (1975)

88 N.M. 366

Boyce D. EDENS, Plaintiff-Appellant, v. NEW MEXICO HEALTH AND SOCIAL SERVICES DEPARTMENT, a Department of the State of New Mexico, Employer, and Mountain States Mutual Casualty Company, a corporation, Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted June 30, 1975.

Attorney(s) appearing for the Case

David W. Bonem, Clovis, Scott H. Mabry and David F. Boyd, Jr., Albuquerque, for plaintiff-appellant.

James A. Parker, Judy A. Fry, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendants-appellees.

OPINION

HENDLEY, Judge.

Plaintiff is the surviving spouse of decedent who died from injuries sustained in a motor vehicle accident. The court held that plaintiff was not entitled to benefits under the Workmen's Compensation Act (§§ 59-10-1 through 59-10-37, N.M.S.A. 1953 (2d Repl. Vol. 9, 1974, pt. 1)) because decedent was not performing any duties of her employment at the time of the accident. Plaintiff appeals. We affirm.

Decedent was...

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