RODRIGUEZ v. BRAND WEST DAIRY

NO. S-1-SC-35426 NO. S-1-SC-35438.

378 P.3d 13 (2016)

2016-NMSC-029

Noe RODRIGUEZ, Worker-Respondent, v. BRAND WEST DAIRY, Uninsured Employer, Employer-Respondent, and New Mexico Uninsured Employers' Fund, Insurer-Petitioner, Maria Angelica Aguirre, Worker-Respondent, v. M.A. and Sons, Inc. Chili Products, Employer-Respondent, and Food Industry Self Insurance Fund of New Mexico, Insurer-Respondent. Noe Rodriguez, Worker-Respondent, v. Brand West Dairy, Uninsured Employer, Employer-Petitioner, and New Mexico Uninsured Employers' Fund, Insurer, Maria Angelica Aguirre, Worker-Respondent, v. M.A. and Sons, Inc. Chili Products, Employer-Petitioner, and Food Industry Self Insurance Fund of New Mexico, Insurer-Petitioner.

Supreme Court of New Mexico.

Filing Date: June 30, 2016.


Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Richard P. Bustamante , Special Assistant Attorney General, Santa Fe, NM, for Insurer-Petitioner New Mexico Uninsured Employers' Fund.

Maestas & Suggett, P.C., Paul Maestas , Albuquerque, NM, for Employer-Respondents and Employer-Petitioners Brand West Dairy, M.A. and Sons, Inc. and Insurer-Respondent and for Insurer-Petitioner Food Industry Self Insurance Fund of New Mexico.

New Mexico Center on Law and Poverty, Gail Evans , Albuquerque, NM, for Worker-Respondents Noe Rodriguez and Maria Angelica Aguirre.

Modrall Sperling Roehl Harris & Sisk, Emil J. Kiehne , Sarah M. Stevenson , Albuquerque, NM, for Amicus Curiae New Mexico Farm and Livestock Bureau.

Rachel A. Bayless , Special Assistant Attorney General, Albuquerque, NM, for Amicus Curiae New Mexico Workers' Compensation Administration.

Michael B. Browde , David J. Stout , Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.


OPINION

{1} The New Mexico Workers' Compensation Act (Act), NMSA 1978, §§ 52-1-1 to -70 (1917, as amended through 2015), has never required employers to provide workers' compensation coverage to farm and ranch laborers. These consolidated appeals require us to resolve whether this exclusion...

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