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Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim

Friday, July 5, 2024 | 0

The New Mexico Court of Appeals ruled that an injured worker pleaded his retaliation claims in such a way as to remove his case from the jurisdiction of the state trial court. Case: Martinez v. Cimarron Municipal Board of Education, No. A-1-CA-39988, 06/28/2024, unpublished. Facts: Joseph Martinez was a maintenance and janitorial employee at Cimarron Elementary-Middle School. He suffered injuries at work and filed a workers’ compensation claim against the Cimarron Municipal Board of Education. The school district, its superintendent and maintenance director allegedly retaliated agains...

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