Cawyer v. Continental Express Trucking

1997 NMCA 008, 932 P.2d 509, 122 N.M. 819
CourtNew Mexico Court of Appeals
DecidedDecember 27, 1996
DocketNos. 16613, 16725, 16729
StatusPublished
Cited by3 cases

This text of 1997 NMCA 008 (Cawyer v. Continental Express Trucking) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cawyer v. Continental Express Trucking, 1997 NMCA 008, 932 P.2d 509, 122 N.M. 819 (N.M. Ct. App. 1996).

Opinion

OPINION

WECHSLER, Judge.

1. These three consolidated cases concern the “extra-territorial coverage” provisions of the Workers’ Compensation Act. Each Worker was employed by Continental Express Trucking (Continental) as a track driver. Continental had each Worker sign an employment agreement stating that Arkansas law would govern the resolution of workers’ compensation claims. Each Worker was injured outside of New Mexico. Cawyer and Phillips had applied for and received Arkansas workers’ compensation benefits before filing their claims in New Mexico. In Caw-yer, Worker was awarded New Mexico workers’ compensation benefits after the workers’ compensation judge (WCJ) determined New Mexico had jurisdiction in that case. In Gonzales and Phillips, Workers’ claims were dismissed on Continental’s motions for summary judgment.

2. We affirm the award of benefits to Cawyer and reverse the summary judgments granted in favor of Continental and against Phillips and Gonzales.

Procedural and Factual Background

3. These cases require this Court to consider the application of NMSA 1978, Section 52-l-67(B) (Repl.Pamp.1991), to the choice of law provisions contained in the employment agreements. If the choice of law provisions are not valid or enforceable, Continental does not challenge the existence of substantial evidence to support the WCJ’s findings in Cawyer and does not dispute the existence of material factual issues to defeat summary judgment in Gonzales or Phillips.

4. The employment agreements signed by Workers state:

Since all drivers are paid from Arkansas and all loads are centrally dispatched from Arkansas, the driver agrees to be considered an Arkansas employee for payroll tax and Workers’ Compensation purposes. The employer and Employee mutually agree to be bound by the Workers’ Compensation law of the State of Arkansas, and it is mutually agreed that regardless of where injury occurred or where disease was contracted, the rights of the employee and his/her, or their dependents shall be governed by the laws of the State of Arkansas and the laws of this state shall be the exclusive remedy against the Employer on account of the injury, disease or death in the course of and arising out of employment.

Gonzales signed a second employment agreement that had the following language in addition to the language quoted above:

Also, the employer and employee mutually agree that any and all workers’ compensation claims, filed on behalf of the employee, shall be filed exclusively with the Arkansas Worker’s Compensation Commission. The employer and employee agree that no workers’ compensation will be filed in any state, forum, or jurisdiction, other than in Arkansas. The employee hereby elects, as the sole and exclusive forum in which to bring, file or litigate any Workers’ compensation claim on his behalf, the Arkansas Workers’ Compensation Commission.

5. Cawyer was awarded compensation benefits after the WCJ determined that his work was principally localized in New Mexico. The WCJ also found that Cawyer’s regular route after the first year of employment and for the two years prior to the accidental injury “was, with the exception of four short special trips,” limited to trips departing from Albuquerque, New Mexico, to California and returning from California to Albuquerque, New Mexico. Cawyer testified that he made those four trips to Arkansas at the special request of Continental and that these trips were not part of his regular route. Continental appeals the award of New Mexico workers’ compensation benefits to Cawyer.

6. In Phillips and Gonzales, the WCJs gave effect to the choice of law provisions in the employment agreements and granted Continental summary judgment based on New Mexico’s lack of jurisdiction. Phillips and Gonzales appeal.

7. In Phillips, Continental’s motion for summary judgment asserted that Phillips worked regularly out of Arkansas and her duties required her to travel regularly in Arkansas. In support of its motion, Continental submitted copies of Phillips’ daily driver logs reflecting her trips to Arkansas. Phillips responded by asserting that she worked regularly out of New Mexico and her employment was principally localized in New Mexico. She also argued that her driver logs are unreliable and incomplete in that they do not reflect many of her runs out of New Mexico.

8. Continental made the same assertions regarding Gonzales’ travel to Arkansas and also submitted copies of Gonzales’ daily driver logs. Gonzales signed an affidavit stating that these logs were not reliable because long-distance truck drivers regularly “doctor” their logs. She also claimed that she drove mainly in New Mexico, Arizona, and California. At oral argument, the parties agreed that the logs in the record would be an accurate reflection of the trips Workers took to Arkansas, although the logs do not show all of the trips Workers took to other places.

Statutory Analysis

Applicable Statutes

9. Because each Worker was injured outside New Mexico, the “extra-territorial coverage” statutes govern whether New Mexico law applies in a claim for compensation benefits. NMSA 1978, Section 52-1-64 (Repl.Pamp.1991), provides:

If an employee, while working outside the territorial limits of this state, suffers an injury on account of which he or, in the event of his death, his dependents would have been entitled to the benefits provided by the Workers’ Compensation Act [this article], had such injury occurred within this state, such employee or, in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by that act, provided that at the time of such injury:
A. his employment is principally localized in this state;
B. he is working under a contract of hire made in this state in employment not principally localized in any state;
C. he is working under a contract of hire made in this state in employment principally localized in another state whose workers’ compensation law is not applicable to his employer; or
D. he is working under a contract of hire made in this state for employment outside the United States and Canada.

Section 52-1-67 provides, in part:

A. A person’s employment is principally localized in this or another state when:
(1) his employer has a place of business in this or such other state and he regularly works at or from such place of business; or
(2) if Paragraph (1) of this subsection is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
B.

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Related

McIlvaine Trucking, Inc. v. Workers' Compensation Appeal Board
810 A.2d 1280 (Supreme Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
1997 NMCA 008, 932 P.2d 509, 122 N.M. 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cawyer-v-continental-express-trucking-nmctapp-1996.