Security Trust v. Smith

I cannot agree with the result reached by the majority of the Court in this case.

The New Mexico Workmen’s Compensation Act provides the exclusive remedy against the employer and insurance carrier for the injury suffered by the employee under the facts in this case.

In Williams v. Montano, 89 N.M. 252, 550 P.2d 264 (1976), the Court held that failure to file the policy at any time, even after injury or filing of suit was not substantial compliance with the Workmen’s Compensation Act and therefore the common law action could be brought. We note that in Williams, although the policy was in…