Legal Opinion
Villa v. City of Las Cruces
New Mexico Court of Appeals
Decided July 22, 2010No. 29,456; 32,561PublishedCited by 3 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} City of Las Cruces (Employer) appeals from a workers’ compensation judge’s (WCJ) compensation order awarding Edward Villa (Worker) disability benefits. The issue is whether Worker’s on-the-job intoxicated state barred him from recovery under the Workers’ Compensation Act (the Act). The issue requires us to consider the meaning and application of two sections of the Act, namely, NMSA 1978, Section 52-1-11 (1989), under which the intoxication would completely bar Worker’s recovery, and NMSA 1978, Section 52-1-12.1 (2001), under which Worker would receive 90% of his…
2Cases cited9 opinions
- State v. SmithNew Mexico Supreme Court · 2004
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
- Herman v. Miners' HospitalNew Mexico Supreme Court · 1991
- Tom Growney Equipment Co. v. JouettNew Mexico Supreme Court · 2005
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3Cited by3 opinions
- State v. MeisterIdaho Supreme Court · 2009
- State v. LopezNew Mexico Court of Appeals · 2011
- Villa v. City of Las CrucesNew Mexico Court of Appeals · 2010