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PEARSON v. JOHNSON CONTROLS, NORTHERN N.M.

No. 29,622.

255 P.3d 318 (2011)

2011-NMCA-034

Marc PEARSON, Worker-Appellant, v. JOHNSON CONTROLS, NORTHERN N.M., LLC, Johnson Control, Inc. and Ohms (TPA), Employer/Insurer-Appellee, and Marc Pearson, Worker-Appellant, v. Kellogg Brown and Root, Inc., Shaw Infrastructures, Inc., Los Alamos Technical Associates, Inc. (KSL), and Cannon Corchran Management Services, Inc. (TPA), Employer/Insurer-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, March 30, 2011, No. 32,904.

Attorney(s) appearing for the Case

Donald D. Vigil , P.C., Donald D. Vigil, Albuquerque, NM, for Appellant.

David L. Skinner , P.C., David L. Skinner, Albuquerque, NM, for Appellee.

OPINION

KENNEDY, Judge.

In this case, we hold that the standard of wilfulness required to deny workers' compensation benefits to an employee for self injury is the same as applied to employers under Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, ¶ 1, 131 N.M. 272, 34 P.3d 1148. Marc Pearson (Worker) appeals a workers' compensation order in which the workers' compensation judge...

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