In a recent New Mexico workers compensation case, the State Supreme Court addresses an exception to the state Act, NMSA §§ 52-1-1 et al., that permits compensation for injuries incurred in travel by employees when those injuries “aris[e] out of and in the course of employment.“ Pete Rodriguez et al v. Permian Drilling Corp. et al, 2011-NMSC-032.
The Act excludes from its coverage those injuries incurred by an employee “while on [the] w to assume the duties of … employment or after leaving such duties.” Ramirez v. Dawson Prod. Partners, Inc., 2000-NMCA-011 (“coming and going rule”). As the Court notes, “[t]his rule arises from the recognition that, while admittedly the employment is the cause of the workman’s journey,” the rule is not meant to protect commuters who have chosen to live and work in different cities and “travel some distance between home and work.” Rodriguez at ¶¶ 10, 12.
However, one exception is that for “traveling employees,” as distinct from “mere commuters.” Rodriguez at ¶ 110. Here, the Court found the “traveling employee” exception applied because, although the employees, all of home resided in Hobbes, were not paid for travel or required to have drivers licenses or insurance, they were placed in a “special zone of danger,” and subject to a “qualitatively greater risk” for travel related injury because of the work/travel arrangements, and because these arrangements benefitted Permian. Specifically, the workers were of necessity required to travel 60 or 70 miles away to remote drilling sites at which “lodging was not available;” “[w]orkers did not have a stationary work site but were required to move to a new location every seven to eight days;” and “Permian benefitted from having a mobile work crew that resided in a central location and could travel to different sites weekly without having to change residences. Rodriguez at ¶20.
If you have any labor or employment matters that you would like to resolve privately through a knowledgeable and experienced arbitrator or mediator, please feel free to contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com
