Hamberg v. Sandia Corp.

OPINION

CHÁYEZ, Chief Justice.

{1} Plaintiff brought this tort action against Defendant for injuries Plaintiff allegedly suffered while working at Defendant’s facility. The issue in this case is whether Defendant is considered Plaintiffs special employer under the Workers’ Compensation Act, NMSA 1978, Sections 52-1-1 to -70 (1929 and as amended), such that Defendant is immune from tort liability under the exclusivity provision, NMSA 1978, Section 52-1-8 (1989). We conclude as a matter of law that Defendant had the right to control the details of Plaintiffs work, thus making Defendant a special…