Legal Opinion
Street v. Alpha Construction Services
New Mexico Court of Appeals
Decided June 22, 2006No. 25,540PublishedCited by 3 opinions
1Opinion of the Court
OPINION
BUSTAMANTE, Chief Judge.
{1} In this case we discuss a variant of co-employee immunity from common law suits under the Workers’ Compensation Act, NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2005) (the Act). Specifically, we address whether a contractor that is the direct employer of special employees is immune under the Act from common law suits brought by other special employees working for the same special employer, but under a different contract with a different direct employer. We hold that the contractor is not a special employee in this case, is not a co-employee for…
2Cases cited8 opinions
- Self v. United Parcel Service, Inc.New Mexico Supreme Court · 1998
- Morgan Keegan Mortgage Co. v. CandelariaNew Mexico Court of Appeals · 1997
- Harger v. Structural Services, Inc.New Mexico Supreme Court · 1996
- Matkins v. Zero Refrigerated Lines, Inc.New Mexico Court of Appeals · 1979
- Thompson v. MehlhaffSouth Dakota Supreme Court · 2005
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3Cited by3 opinions
- Tapia v. City of AlbuquerqueDistrict Court, D. New Mexico · 2014
- Bain v. IMC Global Operations, Inc.Court of Appeals for the Tenth Circuit · 2007
- David Andres Baca v. Leeward Renewable Energy Development, LLC, Deutsche Windtechnik, Inc., Cameron Sandoval, Caprock Wind, LLC, and 3M CompanyDistrict Court, D. New Mexico · 2026