Castillo v. Caprock Pipe & Supply, Inc.

OPINION

KENNEDY, Judge.

{1} The sole issue before us today is whether the injury and resulting death of a worker caused by a disease contracted from pigeons roosting in the warehouse where he worked falls within the exclusivity provisions of the Workers’ Compensation Act (Act), NMSA 1978, §§ 52-1-1 to -70 (1987, as amended through 2007), or the Occupational Disease Disablement Law (Disablement Law), NMSA 1978, §§ 52-3-1 to -60 (1945, as amended through 2003). In this case, Alfredo Castillo contracted psittacosis from exposure to roosting pigeons while working as a warehouse laborer at Caprock…