Justia New Mexico Supreme Court Opinion Summaries

Through its opinion in this case, the Supreme Court addressed an exception in the New Mexico Workers' Compensation Act (the Act) that permitted compensation for injuries incurred in travel by employees when those injuries "[arose] out of and in the course of employment." Eloy Doporto, Jr., Mike Lucas, Jose Turrubiates, and Pete Rodriguez (collectively, the Workers), employed by Permian Drilling Corporation (Permian) and insured by American Home Assurance, were involved in an automobile accident while traveling to their work site, resulting in the death of Doporto and injuries to the others.  Upon review, the Supreme Court concluded that the injuries suffered by the Workers arose out of and in the course of their employment because the travel was mutually beneficial to employees and employer and the Workers encountered special hazards unique to their employment while traveling, thus rendering the Workers "traveling employees" whose injuries are compensable under the Act. View "Rodriguez v. Permian Drilling Corp." on Justia Law

Petitioners are organized labor representatives actively involved in representing public employees. They sought a writ of mandamus from the Supreme Court to prohibit the Governor from removing two members of the Public Employee Labor Relations Board. Those members had responsibility to adjudicate the merits of disputes that involved the Governor. The Governor appointed those members and now she sought to remove them. The Supreme Court granted the writ, holding that none of the PELRB members served at the pleasure of the Governor, though the Public Employee Bargaining Act obligates the Governor to appoint them. The Court found that constitutional due process required a "neutral tribunal with members who were free to deliberate without fear of removal by a frequent litigant" such as the Governor. The Governor was enjoined from removing the PELRB members.