Legal Opinion
Salazar v. Torres
New Mexico Supreme Court
Decided April 18, 2007No. 29,476PublishedCited by 36 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} We are asked to address a question left unanswered by this Court in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148: When a worker is injured on the job and questions whether the injury was intentionally inflicted by the employer, must the worker forego all benefits under the Workers’ Compensation Act (the Act) while pursuing an intentional tort action under Delgado? Based on the clear intent of the Act, we conclude that the worker is not so constrained. However, we also conclude that when a worker enters into a final settlement of the…
2Cases cited15 opinions
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- Woodson v. RowlandSupreme Court of North Carolina · 1991
- Jones v. VIP Development Co.Ohio Supreme Court · 1984
- Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
- Medina v. HerreraTexas Supreme Court · 1996
10 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Helf v. Chevron U.S.A. Inc.Utah Supreme Court · 2015
- Computer One, Inc. v. Grisham & Lawless P.A.New Mexico Supreme Court · 2008
- Gonzalez v. Performance Painting, Inc.New Mexico Supreme Court · 2013
- Armenta v. A.S. Horner, Inc.New Mexico Court of Appeals · 2015
- Rodriguez v. Brand West DairyNew Mexico Court of Appeals · 2015
31 more not listed; retrieve them via the Exa API.