NM Appeals Court Rules Farm/Ranch Workers Comp Exclusion Unconstitutional

From an email:

The agricultural community in New Mexico got some terrible news out of the Court of Appeals this morning.  The press release below states the news concisely.  The opinion attached gives the full story.

Not only did the court rule that the farm/ranch exemption is unconstitutional, but that made that decision retroactive to March 20, 2013.

Not only did the Court not take into account that this nation has had a cheap food policy for closing in on a century, but the put small businesses and families at risk. Agriculture has relied on the law. It is unfathomable that the Court would open up farmers and ranchers to claims back three years.

Representatives of the ag community are now working together to determine future courses of action as well as the immediate and long term impacts to ranch and farm families.  As soon as we have a plan, we will let you know.  If you have suggestions, please share them with us.

New Mexico Court of Appeals Declares
Farm/Ranch Exclusion Unconstitutional

ALBUQUERQUE, N.M. – On Monday, June 22, 2015, the New Mexico Court of Appeals declared that the provision of the New Mexico Workers’ Compensation Act, NMSA §52-1-6(A), excluding farm and ranch laborers from mandatory coverage is unconstitutional. In a ruling on consolidated appeals brought forth by two agricultural laborers, the Court ruled that its decision will apply to any workers’ claims that were pending as of March 30, 2012 (the date that the Second Judicial District Court ruled the exclusion unconstitutional in Griego v. New Mexico Workers’ Compensation Administration), and that were filed thereafter. Absent further case law, the New Mexico Workers’ Compensation Administration intends to fully enforce the Court of Appeals’ decision by requiring coverage for farm and ranch laborers by their employers.