Legal Opinion
Pearson v. Johnson Controls, Northern N.M., LLC
New Mexico Court of Appeals
Decided February 9, 2011No. 29,622PublishedCited by 3 opinions
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} In this case, we hold that the standard of wilfulness required to deny workers’ compensation benefits to an employee for self injury is the same as applied to employers under Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, ¶ 1, 131 N.M. 272, 34 P.3d 1148. Marc Pearson (Worker) appeals a workers’ compensation order in which the workers’ compensation judge (WCJ) found him responsible for wilful self-exposure to toxic welding fumes under NMSA 1978, Section 52-3^5 (1953). The WCJ relied on depositions, letters, and other evidence indicating that Worker’s doctors…
2Cases cited12 opinions
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
- Ezell v. RochaNew Mexico Supreme Court · 2009
- Fuerschbach v. Southwest Airlines Co.Court of Appeals for the Tenth Circuit · 2006
- Herman v. Miners' HospitalNew Mexico Supreme Court · 1991
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3Cited by3 opinions
- Coffey v. United StatesDistrict Court, D. New Mexico · 2012
- Pearson v. JOHNSON CONTROLS, NORTHERN NMNew Mexico Court of Appeals · 2011
- Martin v. N.M. Mut. Cas.New Mexico Court of Appeals · 2023