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Archer v. Roadrunner Trucking Inc.12/23/1996
Appeals recently addressed the exclusivity of death benefits in ), cert. granted, 120 N.M. 394, 902 P.2d 76 (1995), where, in the wake of a fatal car accident, the husband of the deceased employee sought loss-of-consortium damages after having recovered death benefits under the Act. Holding that the exclusivity provision would exclude the action for loss of consortium, the Court noted that Section 52-1-6(D) specifically provides that compliance with the Act "shall bind the worker himself and, for compensation for his death, shall bind his personal representative, his surviving spouse and next of kin." See (emphasis omitted) (quoting ยง 52-1-6(D)).
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