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Morales v. Reynolds

By Supreme Court of the State of Oklahoma

Release : 2004-06-10

Genre : Law, Books, Professional & Technical

Kind : ebook

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1 The two cases on appeal here present an opportunity to examine the standard announced in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, which expanded the set of circumstances under which a worker may pursue an independent tort action outside of the exclusivity provision of the Workers Compensation Act (the Act), NMSA 1978, § 52-1-9 (1973). We hold that neither of these cases meets the requirements of the test set forth in Delgado, 2001-NMSC-034, 26. We consolidate the cases and affirm both district court decisions in favor of Defendants.

Morales v. Reynolds

By Supreme Court of the State of Oklahoma

Release : 2004-06-10

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
1 The two cases on appeal here present an opportunity to examine the standard announced in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, which expanded the set of circumstances under which a worker may pursue an independent tort action outside of the exclusivity provision of the Workers Compensation Act (the Act), NMSA 1978, § 52-1-9 (1973). We hold that neither of these cases meets the requirements of the test set forth in Delgado, 2001-NMSC-034, 26. We consolidate the cases and affirm both district court decisions in favor of Defendants.

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