Notwithstanding anything in the worker's compensation law to the contrary, if the fault of the worker's employer or those for whom the employer is legally responsible, other than the injured worker, is found to have proximately caused the worker's injury, the employer's right to reimbursement from the proceeds of the worker's recovery in any action against any wrongdoer shall be diminished by the percentage of fault, if any, attributed to the employer or those for whom the employer is responsible, other than the injured worker.
History: Laws 1987, ch. 141, § 4.
ANNOTATIONSApplicability. — Laws 1987, ch. 141, § 5 provided that the act apply to all civil actions initially filed on and after July 1, 1987.
This section governs only the employer's right to reimbursement, and has no bearing on a case where the worker is claiming workers' compensation benefits. Apodaca v. Formwork Specialists, 1990-NMCA-102, 110 N.M. 778, 800 P.2d 212, cert. denied, 110 N.M. 749, 799 P.2d 1121, overruled on other grounds by Montoya v. AKAL Sec., Inc., 1992-NMSC-056, 114 N.M. 354, 838 P.2d 971.
Proximate cause not found. — The appellate court affirmed the judge's rejection of the worker's requested findings that the employer's negligence was a proximate cause of the worker's injury and that the worker was not made financially whole by a recovery in a products liability action against a third-party, since the employer could not have been liable under products liability theory. Trujillo v. Sonic Drive-In/Merritt, 1996-NMCA-106, 122 N.M. 359, 924 P.2d 1371.
Law reviews. — For article, "Statutory Adoption of Several Liability in New Mexico: A Commentary and Quasi-Legislative History," see 18 N.M.L. Rev. 483 (1988).
For note, "Workers' Compensation Law Pursuing the 'Benevolent Purpose' of New Mexico's Workers' Compensation Statute as a Reimbursement Statute: Montoya v. AKAL Security, Inc.," see 24 N.M. L. Rev. 577 (1994).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 453.
Workmen's Compensation § 1010.