Legal Opinion
Garcia v. Watson Tile Works, Inc.
New Mexico Court of Appeals
Decided December 6, 1990No. 11715PublishedCited by 3 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
Worker appeals the dismissal by the Workers’ Compensation Division of his claim for compensation and other benefits. He challenges the workers’ compensation judge’s (WCJ) determination that employer did not have the requisite number of employees to be liable under the Workers’ Compensation Act (the Act).
The WCJ conducted an evidentiary hearing to determine if employer employed three or more workers. Finding it did not, the WCJ concluded the Workers’ Compensation Division did not have jurisdiction and dismissed worker’s claim with prejudice.
The issue on appeal is whether…
2Cases cited5 opinions
- Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
- Cardenas v. United Nuclear Homestake PartnersNew Mexico Court of Appeals · 1981
- Gonzales v. Stanke-Brown & Associates, Inc.New Mexico Court of Appeals · 1982
- Walker v. L.G. Everist, Inc.New Mexico Court of Appeals · 1985
- Denis Aerial Ag-Plicators, Inc. v. SwiftCourt of Appeals of Georgia · 1980
3Cited by3 opinions
- Haft v. Dart Group Corp.District Court, D. Delaware · 1993
- Hammonds v. Freymiller Trucking, Inc.New Mexico Court of Appeals · 1993
- Jackson Constr., Inc. v. SmithNew Mexico Court of Appeals · 2012