Legal Opinion
Vigil v. Digital Equipment Corp.
New Mexico Court of Appeals
Decided July 23, 1996No. 16803PublishedCited by 7 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
1. In this case we discuss at what point a temporary employer is entitled to immunity from common law tort claims according to NMSA 1978, Sections 52-l-6(E), and -9 (Repl.Pamp.1991) of the Workers’ Compensation Act (the Act). We hold that the temporary employer is immune here because it meets the three-part test of special employer set forth in our eases; it has contractually assured that the general employer will provide workers’ compensation coverage, even though there is no specific evidence concerning how the special employer pays for that coverage; and the worker at…
2Cases cited10 opinions
- Roth v. ThompsonNew Mexico Supreme Court · 1992
- Koenig v. PerezNew Mexico Supreme Court · 1986
- Gardner-Zemke Co. v. StateNew Mexico Supreme Court · 1990
- Dow v. Chilili Cooperative Ass'nNew Mexico Supreme Court · 1986
- Harger v. Structural Services, Inc.New Mexico Supreme Court · 1996
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3Cited by7 opinions
- Tapia v. City of AlbuquerqueDistrict Court, D. New Mexico · 2014
- Anderson v. Tuboscope Vetco, Inc.Alaska Supreme Court · 2000
- Frank v. Hawaii Planing Mill FoundationHawaii Supreme Court · 1998
- Hamberg v. Sandia Corp.New Mexico Court of Appeals · 2007
- Street v. Alpha Construction ServicesNew Mexico Court of Appeals · 2006
2 more not listed; retrieve them via the Exa API.