Headley v. Morgan Management Corp‪.‬

1 In this appeal, we consider whether Defendant Morgan Management Corporation (MMC) can be sued for negligence, or whether it is protected by the exclusivity provisions of the Workers Compensation Act (the Act), NMSA 1978, §§ 52-1-6(E) (1990), -8 (1989), and -9 (1973). The answer depends on the relationship between MMC and Plaintiffs. The district court granted summary judgment in favor of MMC on Plaintiffs negligence claim, determining that MMC and Morgan Building and Spa Manufacturing Corporation (MFG) have the "same identity" for purposes of the Act and, therefore, the Act provided Plaintiffs sole remedy against MMC. We agree and conclude that Plaintiffs tort claim is barred by the exclusivity provisions of the Act.