Legal Opinion

Benavides v. Eastern New Mexico Medical Center

New Mexico Court of Appeals

Decided November 6, 2014No. Docket No. 34,128PublishedCited by 6 opinions

1Opinion of the Court

OPINION

MAES, Justice.

When a worker’s injury “results from the negligence of the employer in failing to supply reasonable safety devices in general use for the- use or protection of the worker,” the Workers’ Compensation Act (the Act) provides that a worker’s benefits shall be increased by 10%.NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013)-. In this case we determine whether a “wet floor”-sign is a safety device and whether a nurse who slips on a recently mopped floor at work is entitled to a 10% increase in benefits when a “wet floor” sign was not posted near the mopped floor. We…

2Cases cited24 opinions

  1. Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
  2. New Mexico Industrial Energy Consumers v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2007
  3. Dewitt v. Rent-A-Center, Inc.New Mexico Supreme Court · 2009
  4. McGeehan v. BunchNew Mexico Supreme Court · 1975
  5. Huey v. LenteNew Mexico Supreme Court · 1973

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3Cited by6 opinions

  1. State v. StrauchNew Mexico Court of Appeals · 2015
  2. State v. StrauchNew Mexico Supreme Court · 2015
  3. Benavides v. E. N.M. Med. Ctr.New Mexico Supreme Court · 2014
  4. Case v. Hanna Plumbing & Heating Co.New Mexico Court of Appeals · 2017
  5. Martin v. N.M. Mut. Cas.New Mexico Court of Appeals · 2023

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