(DOWNLOAD) "Gallegos V. Chastain" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Gallegos V. Chastain
- Author : New Mexico Court of Appeals
- Release Date : January 27, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Sections 52-1-8 and 52-1-9, N.M.S.A. 1978 contain broad language to the effect that when the facts are within the provisions of the Act, the employer's liability under the Act is exclusive. The exclusivity provisions have consistently been applied. "Our statutes could scarcely be more explicit in abolishing every statutory or common-law right or remedy against the employer not provided by the Workmen's Compensation Act, accruing to any person whomsoever, which arises by reason of such injury." Roseberry v. Phillips Petroleum Company, 70 N.M. 19, 369 P.2d 403 (1962); see Royal Indem. Co. v. Southern Cal. Petroleum Corp., 67 N.M. 137, 353 P.2d 358 (1960); Beal v. Southern Union Gas Company, 62 N.M. 38, 304 P.2d 566 (1956). Compare City of Artesia v. Carter, 94 N.M. 311, 610 P.2d 198 (Ct. App. 1980). These cases involved third parties seeking to impose liability upon the employer; our case involves an employee seeking to impose liability upon the employer. The pertinence of these cases is that they gave effect to, rather than weakening, statutory provisions limiting the employer's liability.
 "Gallegos V. Chastain" by New Mexico Court of Appeals # Book PDF Kindle ePub Free){kind=link}