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Mayfield V. Keeth Gas Co.

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eBook details

  • Title: Mayfield V. Keeth Gas Co.
  • Author : New Mexico Court of Appeals
  • Release Date : January 06, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

In this Workmen's Compensation case, the employee suffered an on-the-job injury. He died some months later. The evidence before the trial court conflicted as to the causal connection between the accident and death. It was for the trial court to resolve the disagreement. Gallegos v. Kennedy, 79 N.M. 590, 446 P.2d 642 (1968); Torres v. Kennecott Copper Corporation, 76 N.M. 623, 417 P.2d 435 (1966). The trial court did so, finding that neither the accidental injury, the subsequent surgical and medical care, nor the employee's job and occupation caused, or contributed in any degree to cause, the employee's death. the widow appeals, contending the "only substantial evidence" is that, as a medical probability, death resulted from the compensable injury. In presenting this contention she raises issues concerning: (1) the burden of proof; (2) whether defendants' medical evidence was substantial and (3) aggravation of a pre-existing condition.


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