AI Generated Opinion Summaries

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 in February 1986 while employed by Formwork Specialists. The worker received workers' compensation benefits from Formwork's insurer, Mountain States Mutual Casualty Company. Subsequently, the worker filed a claim in 1987 seeking increased benefits, alleging inadequate safety measures by the employer, which was denied. In 1988, the worker filed another claim for medical expenses and pursued a negligence lawsuit against a third party, Page & Wirtz Construction Company, which resulted in a settlement. The worker then sought additional workers' compensation benefits, which were denied (paras 2-4).

Procedural History

• Workers' Compensation Judge: Denied the worker's claims for additional compensation benefits (para 4).

Parties' Submissions

• Appellant (Worker): Argued that NMSA 1978, Section 52-1-10.1, allowed him to recover from a third party and still pursue workers' compensation claims against his employer (para 4).
• Respondents (Formwork Specialists and Mountain States Mutual Casualty Company): Contended that the worker was not entitled to dual recovery under NMSA 1978, Section 52-1-56(C), as the settlement with the third party made the worker financially whole, barring further compensation claims (para 4).

Legal Issues

• Does NMSA 1978, Section 52-1-10.1, allow a worker to recover from a third party and still pursue workers' compensation claims against their employer?
• Is a worker entitled to dual recovery under New Mexico workers' compensation laws after settling with a third party?

Disposition

• The Court of Appeals affirmed the decision of the workers' compensation judge, denying the worker's claims for additional compensation benefits (para 7).

Reasons

Per Alarid J. (Bivins C.J. and Minzner J. concurring):

The Court held that NMSA 1978, Section 52-1-10.1, applies only to an employer's right to reimbursement and does not permit a worker to pursue dual recovery from both a third party and their employer. The statute requires that an employer's reimbursement rights be reduced by the percentage of fault attributed to the employer, but it does not affect the worker's ability to claim additional compensation benefits (para 5).

The Court further reasoned that under NMSA 1978, Section 52-1-56(C), and established case law, a worker who has settled with a third party and been made financially whole cannot subsequently claim additional compensation from their employer. The worker's settlement with the third party resolved all claims and issues, and the worker had already received compensation benefits from the employer, thereby surrendering any further rights to compensation (paras 6-7).