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SALAZAR v. TORRES

No. 29,476.

158 P.3d 449 (2007)

2007-NMSC-019

Phillip SALAZAR, Plaintiff-Respondent, v. Richard L. TORRES, individually and as owner and operator of Richard L. Torres Concrete Company, Defendant-Petitioner.

Supreme Court of New Mexico.

April 18, 2007.

Attorney(s) appearing for the Case

Riley, Shane & Hale, P.A., Richard J. Shane, Susan R. Johnson, Albuquerque, for Petitioner.

Morris Law Firm, P.A., Kerry Morris, Albuquerque, Dunn Law Offices, Ralph Rodney O. Dunn III, Rio Rancho, for Respondent.

OPINION

BOSSON, Justice.

{1} We are asked to address a question left unanswered by this Court in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148: When a worker is injured on the job and questions whether the injury was intentionally inflicted by the employer, must the worker forego all benefits under the Workers' Compensation Act (the Act) while pursuing...

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