Legal Opinion
Harkness v. McKay Oil Corp.
New Mexico Court of Appeals
Decided July 11, 2008No. 27,360PublishedCited by 13 opinions
1Opinion of the Court
OPINION
KENNEDY, Judge.
{1} In this case, we adhere to the general “going and coming rule” in workers’ compensation law where oil field workers were killed or injured traveling home from a drilling rig located within commuting distance. We hold that exceptions to the rule, most notably the “traveling employee” exception, do not apply because Appellants were not traveling employees and because the evidence does not establish any other exception. Commuting was not required as an integral part of Appellants’ job duties for their employer. We affirm the Workers’ Compensation Judge’s dismissal of…
2Cases cited27 opinions
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Lessard v. Coronado Paint & Decorating Center, Inc.New Mexico Court of Appeals · 2007
- Herman v. Miners' HospitalNew Mexico Supreme Court · 1991
- Wilson v. Rowan Drilling Co.New Mexico Supreme Court · 1950
- Edens v. New Mexico Health & Social Services DepartmentNew Mexico Supreme Court · 1976
22 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Baca v. LOS LUNAS COMMUNITY PROGRAMSNew Mexico Court of Appeals · 2010
- Rodriguez v. PERMIAN DRILLING CORP.New Mexico Supreme Court · 2011
- Pearson v. Johnson Controls, Northern N.M., LLCNew Mexico Court of Appeals · 2011
- Pearson v. JOHNSON CONTROLS, NORTHERN NMNew Mexico Court of Appeals · 2011
- Begay v. Consumer Direct Personal CareNew Mexico Court of Appeals · 2015
8 more not listed; retrieve them via the Exa API.