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Worker Who Witnessed Death of Colleague Can't Bring IIED Claim Against Employer

Monday, June 8, 2020 | 0

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 Case: Martinez v. Chevron Mining Inc., No. A-1-CA-37140, 06/04/2020, unpublished.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...

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