[Interstate commerce not subject to state legislation exempted.]

Checkout our iOS App for a better way to browser and research.

This act [Chapter 52, Article 1 NMSA 1978] shall not be construed to apply to business or pursuits or employments which according to law are so engaged in interstate commerce as to be not subject to the legislative power of the state, nor to persons injured while they are so engaged.

History: Laws 1929, ch. 113, § 11; C.S. 1929, § 156-111; 1941 Comp., § 57-911; 1953 Comp., § 59-10-11.

ANNOTATIONS

No compensation where applied for and paid in Texas. — Where both employer and employee were residents of Texas, and contract of employment was entered into in Texas to be performed in New Mexico, no recovery could be had for injury occurring in New Mexico where compensation for such injury had been applied for and paid in Texas. Hughey v. Ware, 1929-NMSC-024, 34 N.M. 29, 276 P. 27.

Intrastate and interstate employees of bus lines. — Any of employees of Greyhound Lines engaged in strictly intrastate business should come under the Workmen's [Workers'] Compensation Act, and their interstate employees might well be affected by the law if there is no federal legislation including them. 1935 Op. Att'y Gen. No. 35-918.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 18, 38, 41 to 43.

Application of state act to actions under Federal Employers' Liability Law, 12 A.L.R. 697, 36 A.L.R. 917, 89 A.L.R. 693.

What employees are engaged in interstate commerce with Federal Employers' Liability Law, 77 A.L.R. 1374, 90 A.L.R. 846.

Applicability of state act where employer is engaged in both interstate and intrastate commerce, 80 A.L.R. 1418.

Application for, or award, denial or acceptance of, compensation under state Workmen's [Workers'] Compensation Act as precluding action under Federal Employers' Liability Act by one engaged in interstate commerce within that act, 6 A.L.R.2d 581.

15 C.J.S. Commerce § 138; 99 C.J.S. Workmen's Compensation §§ 22 to 26, 138; 100 C.J.S. Workmen's Compensation §§ 518, 548.


Download our app to see the most-to-date content.