This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A worker was injured during employment when directed by the employer to pour gasoline onto a truck carburetor while another employee started the truck, causing the gasoline to ignite. The worker suffered first-degree burns to the face and second- and third-degree burns to the arms and hands. The worker initially received workers' compensation benefits, including medical expenses and indemnity payments, and later accepted a lump-sum settlement for permanent partial disability benefits (paras 2-3).
Procedural History
- District Court: The court granted summary judgment in favor of the employer, holding that the worker's receipt of workers' compensation benefits barred the intentional tort claim under Delgado v. Phelps Dodge Chino, Inc. (para 4).
- Court of Appeals, 2005-NMCA-127: The Court of Appeals reversed the district court's decision, allowing the worker to pursue an intentional tort claim while receiving workers' compensation benefits (para 4).
Parties' Submissions
- Defendant-Petitioner (Employer): Argued that the exclusivity provision of the Workers' Compensation Act barred the worker from pursuing an intentional tort claim after receiving workers' compensation benefits. The employer also contended that allowing both remedies would disrupt the balance of the Act and violate the doctrine of election of remedies (paras 6, 23).
- Plaintiff-Respondent (Worker): Asserted that the Workers' Compensation Act does not preclude pursuing an intentional tort claim while receiving interim workers' compensation benefits. The worker argued that requiring an early election between remedies would unfairly disadvantage injured workers and contradict legislative intent (paras 15-16, 19).
Legal Issues
- Whether a worker can pursue an intentional tort claim under Delgado while receiving workers' compensation benefits (para 4).
- Whether a lump-sum settlement of workers' compensation benefits bars a subsequent intentional tort claim (para 29).
Disposition
- The Supreme Court of New Mexico reversed the Court of Appeals' decision and reinstated the district court's dismissal of the worker's intentional tort claim (para 30).
Reasons
Per Bosson J. (Chávez CJ., Serna, and Maes JJ. concurring):
The court held that the Workers' Compensation Act does not bar a worker from pursuing an intentional tort claim while receiving interim workers' compensation benefits. However, once a worker accepts a lump-sum settlement resolving all future indemnity benefits, the worker is barred from pursuing a Delgado claim. The court reasoned that such a settlement constitutes a final determination that the injury was accidental, aligning with the Act's exclusivity provisions. Allowing a subsequent Delgado claim would disrupt the balance of the Act and unfairly prejudice employers (paras 19, 27-29).
The court emphasized that workers must have the opportunity to investigate whether their injuries were intentional or accidental without prematurely forfeiting potential remedies. However, a final settlement of workers' compensation benefits precludes further litigation under Delgado to maintain fairness and legislative intent (paras 15-16, 27-29).
Per Minzner J. (concurring in part and dissenting in part):
Justice Minzner agreed with the result but dissented from the majority's reasoning. She argued that workers should be required to temporarily forgo workers' compensation benefits if they wish to pursue a Delgado claim. If the tort claim fails, the worker should then be allowed to seek workers' compensation benefits. Justice Minzner expressed concern that the majority's approach might lower the high threshold established in Delgado, potentially expanding the scope of intentional tort claims beyond what was originally intended (paras 32-34).