The New Mexico Court of Appeals ruled that an employee who allegedly suffered emotional distress after witnessing the grisly death of a colleague could not bring a tort claim against his employer under a recognized exception to the exclusive remedy provision of the Workers’ Compensation Act.
Case: Martinez v. Chevron Mining Inc., No. A-1-CA-37140, 06/04/2020, unpublished.
Facts: Virgil Martinez worked at the Questa Mine & Mill, which was owned and operated by Chevron Mining Inc. Phillip A. Howard was the general manager of the facility.
On May 16, 2013, Martinez was operating an e...
Comments