Abbott v. Donathon

The defendants appeal raises the following issues: (1) that the decedent was not an employee of Donathon and, therefore, was not covered by the act; and (2) that the decedents employment, if any, was "purely casual." Section 59-10-12.9, N.M.S.A. 1953 (Repl. Vol. 9, pt. 1, Supp. 1973) defines a workman as a "person who has entered into the employment of or works under a contract of service or apprenticeship, with an employer, except a person whose employment is purely casual and not for the purpose of the employers trade or business. * * *" We affirm.