Edens v. New Mexico Health and Social Services Dept., 1776
Decision Date | 28 May 1975 |
Docket Number | No. 1776,1776 |
Parties | 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-A |
Court | Court of Appeals of New Mexico |
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 ) because decedent was not performing any duties of her employment at the time of the accident. Plaintiff appeals. We affirm.
Decedent was employed by HSSD in Albuquerque. She and other employees were required to attend a two day conference in Santa Fe. To reduce costs they were requested to form car pools and to return to Albuquerque after the meetings. Four employees, including decedent, mutually agreed to meet at a parking lot in Albuquerque. They then proceeded to the conference in Santa Fe in a car driven by decedent.
At the conclusion of the first session in Santa Fe they returned to the parking lot in Albuquerque. The three other employees disembarked and decedent proceeded on her way home. While decedent was driving from the parking lot she was involved in a collision, sustaining injuries from which she subsequently died.
Section 59--10--13.3, supra, states in part:
'(1) when the workman has sustained an accidental injury arising out of, and in the course of his employment;
'(2) when the accident was reasonably incident to his employment; and
'(3) when the disability is a natural and direct result of the accident.' (Emphasis added).
Section 59--10--12.12, supra, states in part:
'* * * the words 'injuries sustained in extra-hazardous occupations or pursuit' shall include death resulting from injury, and injuries to workmen, as a result of their employment and while at work in or about the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in any place where their employer's business requires their presence and subjects them to extra-hazardous duties incident to the business, but shall not include injuries to any workman occurring while on his way to assume the duties of his employment or after leaving such duties, the approximate cause of which injury is not the employer's negligence.' (Emphasis added).
While at work is synonymous with in the course of the employment. Hayes v. Ampex Corporation, 85 N.M. 444, 512 P.2d 1280 (Ct.App.1973).
The trial court found as follows:
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