Luna v. Lewis Casing Crews, Inc.

159 P.3d 256 (2007)

2007-NMSC-020

Johnny LUNA, Worker-Respondent,

v.

LEWIS CASING CREWS, INC. and Argonaut Insurance Company, Employer-Insurer-Petitioners.

No. 29,768.

Supreme Court of New Mexico.

April 18, 2007.

Maestas & Suggett, P.C., Paul Maestas, Wayne Robert Suggett, Albuquerque, for Petitioners.

Jarner Law Office, Mark Jarner, Los Lunas, for Respondent.

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,…