Farmworkers win workers comp protections

In an opinion that left no room for doubt, the New Mexico Supreme Court said Thursday that farm and ranch laborers in the state are entitled to Workers’ Compensation insurance protection and that farm and ranch owners have to cover them. And those workers are entitled to that protection even though the state Legislature has […]

Farmworkers win workers comp protections

In an opinion that left no room for doubt, the New Mexico Supreme Court said Thursday that farm and ranch laborers in the state are entitled to Workers’ Compensation insurance protection and that farm and ranch owners have to cover them.

Photo Credit: Russ Allison Loar via Compfight cc
Photo Credit: Russ Allison Loar via Compfight cc

And those workers are entitled to that protection even though the state Legislature has excluded them from the Workers’ Compensation law as a way to protect the agricultural industry, the court said.

This piece originally appeared on the ABQ Free Press website and is reprinted with permission.

“We conclude that there is nothing to distinguish farm and ranch laborers from other agricultural employees and that purported government interests such as cost savings, administrative convenience, and other justifications related to unique features of agribusiness bear no rational relationship to the Act’s distinction between these groups,” said the opinion written by Justice Edward Chavez.

“This is nothing more than arbitrary discrimination and, as such, it is forbidden by our Constitution. Accordingly, we hold that the farm and ranch laborer exclusion contained in [the Workers’ Compensation law] is unconstitutional. The Legislature is at liberty to offer economic advantages to the agricultural industry, but it may not do so at the sole expense of the farm and ranch laborer while protecting all other agricultural workers.”

It’s estimated that 15,000 to 20,000 farm and ranch laborers will now be eligible for Workers’ Compensation insurance protection, said a spokesperson for the New Mexico Center for Law & Poverty, which filed the original lawsuit in the case.

The case stemmed from a 2012 incident where a Doña Ana County farm worker, Maria Angelica Aguirre, broke her wrist while picking chili for the M.A. & Sons Chili Products company for $300 a week. The injury required surgery and limited Aguirre’s ability to pick chili.

Aguirre filed a Workers’ compensation claim in 2013, but was denied compensation because the law excluded farm laborers from getting coverage. Aguirre then filed suit in state District Court.

Justice Judith Nakamura filed a dissenting opinion in which she said the court was ignoring the Legislature’s intention and ignoring the separation of powers doctrine. “This court may not contort these areas of law to nullify validly enacted legislation simply because we happen to believe that a statute is unfair or that its unfairness outweighs any other consideration that bears on the Legislature’s decision,” her dissent said.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Judge rules that congressional map is not an unlawful gerrymander

Judge rules that congressional map is not an unlawful gerrymander

A judge upheld the congressional maps that Republicans alleged included illegal gerrymandering, particularly in the case of the state’s 2nd Congressional District. Ninth Judicial…
Challenger announces she’ll run for Ivey-Soto Senate seat

Challenger announces she’ll run for Ivey-Soto Senate seat

Former New Mexico House Democratic Campaign Committee finance director Heather Berghmans announced her run for state senate District 15 on Thursday. She is running…
New law leads to confusion over IPRA while some inmate hearings hang in the balance

New law leads to confusion over IPRA while some inmate hearings hang in the balance

A new law that provides opportunity for adults who were sentenced as children to decades in prison to have a parole hearing after a…
A different perspective on the energy transition

A different perspective on the energy transition

Merrie Lee Soules has never worked for a utility in any sense, which, on first glance, could make her an odd choice to testify…
Energy transition brings new challenges to utilities planning distribution

Energy transition brings new challenges to utilities planning distribution

As of today, 8 percent of the Public Service Company of New Mexico’s customers—approximately 41,000 customers—have solar panels or battery storage on their properties,…
U.S. reports record oil exports

U.S. reports record oil exports

The U.S. exported a record amount of oil during the first half of the year, according to the U.S. Energy Information Administration. During that…
More learning time, free meals coming to students this school year

More learning time, free meals coming to students this school year

As children prepare to return to school for the new public school year, they will see some changes after legislation passed in the 2023…
Legislature hears about post-COVID impacts on education

Legislature hears about post-COVID impacts on education

Public education is still recovering from the effects of COVID-19 lockdowns. The state Legislative Finance Committee’s Public Education Subcommittee released a report Wednesday detailing…
ECECD hosts baby showers to let parents know about resources

ECECD hosts baby showers to let parents know about resources

Friday afternoon, a line of people formed outside a room in the Explora Science Center and Children’s Museum in Albuquerque.  The line was made…
Gov. Lujan Grisham tests positive for COVID

Gov. Lujan Grisham tests positive for COVID

Gov. Michelle Lujan Grisham tested positive for COVID-19 for a third time. The governor’s office said that Lujan Grisham is experiencing mild symptoms and…
Study: New Mexico had highest increase in abortion since 2020

Study: New Mexico had highest increase in abortion since 2020

Between January 2020 and June 2023, New Mexico saw a larger increase in abortion than any other state, according to a new report. The…
Doctors encourage vaccinations for respiratory illnesses, including COVID

Doctors encourage vaccinations for respiratory illnesses, including COVID

Health officials from hospitals throughout the state encouraged New Mexicans to get vaccinated against three respiratory illnesses, including COVID-19. After the U.S. Food and…
US Supreme Court expected to hear the abortion medication case this term

US Supreme Court expected to hear the abortion medication case this term

Two upcoming U.S. Supreme Court cases  this term could impact abortion rights and victims of domestic violence. The high court has not set a…
Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Representatives from the abortion fund provider Indigenous Women Rising told members of the Interim Indian Affairs Committee on Monday that their monthly abortion fund…
Study: New Mexico had highest increase in abortion since 2020

Study: New Mexico had highest increase in abortion since 2020

Between January 2020 and June 2023, New Mexico saw a larger increase in abortion than any other state, according to a new report. The…
Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Indigenous Women Rising: Abortion fund budget has doubled since Dobbs

Representatives from the abortion fund provider Indigenous Women Rising told members of the Interim Indian Affairs Committee on Monday that their monthly abortion fund…
Study: New Mexico had highest increase in abortion since 2020

Study: New Mexico had highest increase in abortion since 2020

Between January 2020 and June 2023, New Mexico saw a larger increase in abortion than any other state, according to a new report. The…
A human donor milk repository in Albuquerque needs to expand

A human donor milk repository in Albuquerque needs to expand

A human donor milk repository in Albuquerque has a growing demand and, with a need to expand, is exploring a private-public partnership to do…
Local election results certified, with some recounts pending

Local election results certified, with some recounts pending

The New Mexico State Canvass Board met Tuesday in Santa Fe to certify the official 2023 local election results. The State Canvass Board is…
Voter education campaign begins as voting begins in local elections

Voter education campaign begins as voting begins in local elections

Tuesday marked the beginning of early voting for local elections throughout the state. It also marked the beginning of a voter education public service…
Judge rules that congressional map is not an unlawful gerrymander

Judge rules that congressional map is not an unlawful gerrymander

A judge upheld the congressional maps that Republicans alleged included illegal gerrymandering, particularly in the case of the state’s 2nd Congressional District. Ninth Judicial…
A different perspective on the energy transition

A different perspective on the energy transition

Merrie Lee Soules has never worked for a utility in any sense, which, on first glance, could make her an odd choice to testify…
Energy transition brings new challenges to utilities planning distribution

Energy transition brings new challenges to utilities planning distribution

As of today, 8 percent of the Public Service Company of New Mexico’s customers—approximately 41,000 customers—have solar panels or battery storage on their properties,…
State supreme court upholds congressional map

State supreme court upholds congressional map

In issuing this ruling, the state Supreme Court upheld a district court decision and denied an appeal by the Republican Party of New Mexico.

GET INVOLVED

© 2023 New Mexico Political Report