Legal Opinion

Montoya v. Aral Security, Inc.

New Mexico Supreme Court

Decided September 2, 1992No. 20116PublishedCited by 44 opinions

1Opinion of the Court

OPINION

RANSOM, Chief Justice.

We issued our writ of certiorari to the Court of Appeals to reconsider the rule that satisfaction of a claim against a third-party tortfeasor extinguishes a worker’s right to compensation and related benefits arising from the same circumstances as the third-party claim. That rule derives from Castro v. Bass, 74 N.M. 254, 392 P.2d 668 (1964), and NMSA 1978, Section 52-5-17 (Cum.Supp.1986). In an unpublished opinion founded on Castro, the Court of Appeals affirmed a denial of benefits by the workers’ compensation judge. We reverse.

Facts and proceedings. On June 3,…

2Cases cited13 opinions

  1. Scott v. RizzoNew Mexico Supreme Court · 1981
  2. Bartlett v. New Mexico Welding Supply, Inc.New Mexico Court of Appeals · 1982
  3. Royal Indemnity Co. v. Southern California Petroleum Corp.New Mexico Supreme Court · 1960
  4. Transport Indemnity Company v. GarciaNew Mexico Court of Appeals · 1976
  5. Brown v. Arapahoe Drilling CompanyNew Mexico Supreme Court · 1962

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3Cited by44 opinions

  1. Sullivan v. Scoular Grain Co. of UtahUtah Supreme Court · 1993
  2. Talbott v. Roswell Hospital Corp.New Mexico Court of Appeals · 2005
  3. Draper v. Mountain States Mutual Casualty Co.New Mexico Supreme Court · 1994
  4. Eckhardt v. Charter Hospital of Albuquerque, Inc.New Mexico Court of Appeals · 1997
  5. Fernandez v. Ford Motor Co.New Mexico Court of Appeals · 1994

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