Ortiz v. Overland Express

OPINION {1} Worker's estate appeals from a compensation order awarding no compensation to the estate. The Workers' Compensation Judge (WCJ) concluded that Worker's use of methamphetamine and amphetamine was the sole cause of his death and benefits are therefore barred by NMSA 1978, § 52-1-12 (1989) of the Worker's Compensation Act (WCA). We hold that, as it relates to amphetamine and methamphetamine, this statutory defense was abolished by the Legislature in 1972. We also reject Employer's argument that benefits are barred because Worker was acting outside the course of his employment when he died and because Worker willfully suffered his death. We therefore reverse.