Luna v. Lewis Casing Crews, Inc.

OPINION

BOSSON, Justice.

{1} Having recently held that a worker who is injured on the job need not forego all benefits under the Workers’ Compensation Act (the Act) while pursuing an intentional tort action under Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, we apply that holding to the facts of this case. See Salazar v. Torres, 2007-NMSC-019, 141 N.M. 559, 158 P.3d 449 (2007). Although proeedurally different, our holding in Salazar is controlling. Applying that holding to the facts of this case, we now affirm the Court of Appeals.

BACKGROUND

{2} Johnny Luna…