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Espinosa v. Albuquerque Publishing Co.6/20/1997
ARMIJO, Judge.
{1} On October 22, 1991, Larry Espinosa was struck by a vehicle as he walked across an Albuquerque, New Mexico, street while in a designated crosswalk. The vehicle that struck Espinosa was owned by Albuquerque Publishing Company (the Company), and its driver was returning to his place of work after a "mail run." It is undisputed that the accident was caused solely by the negligence of the driver. The accident occurred some two miles from the Albuquerque Publishing Company offices. When the accident occurred, Espinosa was walking to work; his shift was to begin some thirty minutes later. He, too, worked for the Company.
{2} These consolidated appeals involve a question of statutory interpretation. We are asked to construe the exclusivity provisions in the Workers' Compensation Act (WCA), and the statutory definition of the course of employment, to determine whether the WCA provides the exclusive remedy for a worker who is injured on his way to work, in a traffic accident that occurred approximately half an hour before his shift began, approximately two miles away from his employer's premises, and as a direct result of an on-duty co-worker's negligent driving of a vehicle owned by the common employer.
{3} We affirm the rulings of the district court and the workers' compensation Judge (WCJ) and hold that Espinosa may not pursue a tort claim in district court to recover damages for the injuries he sustained in this accident because the WCA provides the exclusive remedy for Espinosa's injuries in this accident.
I. PROCEDURAL BACKGROUND
{4} In October of 1992, Espinosa filed a claim with the Workers' Compensation Administration to determine whether the injuries he sustained in this accident made him eligible for benefits under the WCA. NMSA 1978, ยงยง 52-1-1 to -70 (Repl. Pamp. 1991 & Cum. Supp. 1996). Espinosa filed a motion for summary judgment seeking a declaration that his accident was not covered by the WCA. The WCJ held a formal hearing on the matter and subsequently entered a summary judgment denying Espinosa's motion and holding instead that Espinosa was bound by the exclusive remedies of the WCA. We initially dismissed Espinosa's appeal from the WCJ's summary judgment order because this order was not final. Espinosa subsequently appealed from the WCJ's entry of a compensation order disposing of all issues in the workers' compensation proceeding.
{5} Espinosa filed a tort claim against the Company in district court in October of 1994. The Company filed a motion for summary judgment in which it claimed that Espinosa's tort claim was barred by the exclusivity provisions in Section 52-1-9 of the WCA. The district court agreed and entered summary judgment in the Company's favor, finding that the exclusivity provisions in Section 52-1-9 apply to Espinosa because "he was on his way to work and is subject to the [going-and-coming] rule because of the employers negligence." Espinosa appealed from the district court's order granting summary judgment. This Court granted Espinosa's motion to consolidate the appeals from the district court's entry of summary judgment and the WCJ's compensation order. Both appeals have been consolidated for purposes of our review.
II. DISCUSSION
{6} Espinosa wishes to pursue a tort claim in district court against the Company to recover damages for the injuries he sustained in the accident, while the Company maintains that Espinosa is limited to the relief afforded him under the WCA. Resolving this dispute turns on the purpose and effect of the exclusivity provisions contained in Section 52-1-9 of the WCA and the definition of "injury by accident arising out of and in
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