Benavidez v. Sierra Blanca Motors

OPINION

APODACA, Chief Judge.

1. Jose Ventura Benavidez (Claimant) appeals an order of the workers’ compensation judge (the judge) granting summary judgment to Sierra Blanca Motors (Sierra' Blanca) and the Department of Corrections (the Department) and denying his cross-motion for summary judgment against Sierra Blanca. Claimant, who was a prisoner at the time of his injury, raises one issue on appeal: whether a prisoner who voluntarily participates in a work-release program and is injured while under the direction of a private business is an employee of such business and thus entitled to…