Intoxicated New Mexico Worker Still Entitled to Workers’ Comp Benefits

December 30, 2010

  • December 30, 2010 at 3:51 am
    justice says:
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    if the WC act states that an employee is not entitled to a recovery if said employee is intoxicated then this is an injustice to the employer and the carrier and an affront to the WC act itself! This not only effects New Mexico but will now be referenced in the other states where the WC act states an intoxicated employee is not entitled to a recovery.
    Another SAD day in our country!!!

  • January 18, 2011 at 3:51 am
    27 yrs in WC says:
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    Having worked in WC for 27 yrs and in three different jurisdictions, I am very familiar with these types of situations. Most jurisdictions require the carrier to prove that the intoxication was the cause of the injury…in other words, it is not enough to be intoxicated, the intoxication has to have been the CAUSE of the accident. I recall a case in Alaska several years ago that went to the Supreme Court. Facts: One car accident causing fatality to a traveling salesman. Claim was denied as the fatally injured worker was three times over the limit. But because there were no witnesses and the employer/carrier could not PROVE that the intoxication was the cause of the injury, the family was awarded death benefits.



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