 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Peterson v. Wells Fargo Armored Services Corp.3/20/2000
ent, Wells Fargo's attorney informed the trial court that at the time Plaintiff's attorneys looked at the policy, the terms and conditions of the policy were not available.
Also in September 1995, Plaintiff's attorneys contacted the Administration to determine if a notice of accident report, referred to as an E-1, had been filed. On September 22, 1995, Alex Maestas, then Records Manager for the Administration, searched the computer data base and the archives and told the attorneys that no such report had been filed. Maestas executed an affidavit on that date to that effect. Two years later, Maestas did the same search and found an E-1 for the incident. Maestas could not explain why he had been unable to find the report two years earlier. Although the statute requires that a copy of the E-1 be served on the worker, see NMSA 1978, § 52-1-58(A) (1990), it is undisputed that no service had been made.
On September 15, 1995, Plaintiff filed a motion for leave to amend her complaint to add a claim of negligence against Wells Fargo. The motion indicated that Wells Fargo had failed to produce evidence that it had complied with the insurance provisions of the Act and that it still had not filed proof of coverage as required by the Act. Plaintiff attached a second amended complaint to the motion. In addition to the allegations previously made concerning the failure to keep the Big Red armored vans in good repair, the second amended complaint specifically alleged that Wells Fargo had failed to comply with the provisions of the Act concerning insurance and therefore Plaintiff was entitled to sue Wells Fargo for its alleged negligence.
On November 15, 1995, Wells Fargo filed proof of insurance coverage for calendar year 1994 with the Administration. On November 29, 1995, the trial court granted the motion to amend the complaint. The second amended complaint was formally filed on December 5, 1995.
Almost two years later, in September 1997, Wells Fargo filed a motion for summary judgment. Plaintiff filed a response. The trial court held argument on the motion on May 1, 1998. On July 17, 1998, the trial court filed an order granting summary judgment in favor of Wells Fargo. This appeal followed.
Applicable Statutory Provisions
The Workers' Compensation Act (the Act) is, by statute, the exclusive remedy for on-the-job injuries or deaths. However, in order to take advantage of the exclusive remedy provisions of the Act, an employer must comply with the provisions of the Act concerning insurance. See §§ 52-1-6(C) & (D); 52-1-8; 52-1-9. If the employer fails to comply with those provisions, the worker can sue the employer either for compensation benefits or for damages in tort caused by the employer's negligence. See Harger, 121 N.M. at 666, 916 P.2d at 1333. The worker has the choice of remedy.
The provisions of the Act concerning insurance are relatively straightforward. Employers are given a choice. They may either qualify as self-insured pursuant to the provisions of the Act and the regulations of the Administration, or they may purchase insurance to cover their potential liability under the Act. See § 52-1-4; 11 NMAC 4.8.8 (1996); In re Mission Ins. Co., 112 N.M. 433, 435, 816 P.2d 502, 504 (1991); Addison v. Tessier, 62 N.M. 120, 125, 305 P.2d 1067, 1069-70 (1957). The standards for allowing employers to self-insure their liability are relatively high, requiring, among other things, a tangible net worth in excess of $2.5 million, at least three years in business, a risk management program, and a workers' compensation specific occurrence or aggregate insurance with retention of $250,000 and statutory upper limits. S
Page 1 2 3 4 5 6 7 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|