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Morales v. Reynolds6/10/2004
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.
FACTS AND PROCEEDINGS
The Morales case
Plaintiff Morales was an employee of Defendant Foamex, L.P. d/b/a Foamex International, Inc. (Foamex), where Defendant Reynolds was his supervisor. Morales had been working at Foamex for three and one-half years at the time of the incident that gave rise to this action. On November 21, 2001, Morales was fixing an O-ring on a pump that carries a chemical called toluene diisocyanate (TDI) from a storage tank to a mix head in Foamex's plant. As Morales was fixing the pump, some TDI was released, causing the hood of his protective gear to pop up. Subsequently, Morales suffered a number of symptoms that included shortness of breath, wheezing, and chest pains.
Morales submitted a claim to the Workers' Compensation Administration that eventually resulted in a settlement of $73,920.51 with Foamex. Before that claim proceeded to settlement, Morales filed a complaint naming Foamex and his supervisor, Ed Reynolds, as defendants in the district court. He sought damages for personal injury , alleging that Foamex and Reynolds wilfully or intentionally ordered him to fix the pump "even though they knew that [Morales] would suffer grave injuries as a result of such conduct." Foamex and Reynolds moved for summary judgment, arguing that Morales had not raised a factual issue regarding whether their actions had been wilful or intentional. The district court granted summary judgment, and Morales appeals.
The Fernandez Case
Plaintiff Fernandez was an employee of Defendant Brown-Minneapolis Tank Co. (Brown) for two years when the incident at issue in his case occurred. Fernandez was working on the scaffolding of a tank, approximately sixteen feet above ground. A metal sheet slipped from the hands of another employee who was working on the scaffolding above Fernandez. The sheet hit Fernandez on the side of the head and caused him to fall and sustain injuries. Fernandez was not wearing safety gear.
After receiving benefits under the Act, Fernandez filed an action in district court, alleging that Brown had negligently and intentionally failed to provide him with adequate safety equipment. Brown filed a motion to dismiss for failure to state a claim. The district court dismissed the complaint, and Fernandez appeals.
DISCUSSION
1. The Elements Required to State a Claim Under Delgado
The purpose of the Act is to "assure the quick and efficient delivery of indemnity and medical benefits to injured and disabled workers at a reasonable cost to the employers." NMSA 1978, § 52-5-1 (1990). The Act fulfills this purpose through a bargain in which an injured worker gives up his or her right to sue the employer for damages in return for an expedient settlement covering medical expenses and wage benefits, while the employer gives up its defenses in return for immunity from a tort claim. Delgado, 2001-NMSC-034, 12. If an employer falls within the scope of the Act, the benefits and remedies provided therein are the exclusive remedy for that employer's workers who are injured or killed in ac
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