44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING THE ADVISORY COUNCIL ON WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE DISABLEMENT TO CONTINUE MONITORING THE PERFORMANCE OF THE SYSTEM AND REQUESTING THE JUDICIAL BRANCH TO MAINTAIN THE BALANCE BETWEEN THE EXCLUSIVE REMEDY AND TORT LAW.

WHEREAS, the workers' compensation system has achieved two goals since the adoption of reforms in 1990, cost reduction without cutting benefits to injured workers and improved efficiency and predictability; and

WHEREAS, the system has served workers, the business community and economic development since 1990; and

WHEREAS, the 1998 annual report issued by the advisory council on workers' compensation and occupational disease disablement demonstrates a continuing decline in injuries, deaths, illnesses and costs to the workers' compensation system; and

WHEREAS, the legislature created the advisory council, which includes labor and business representation, to monitor implementation of the 1990 reforms and recommend additional improvements; and

WHEREAS, the delicate balance between workers' entitlements and the benefits and economies of business largely depend upon the theories of the exclusive remedy for work-related injuries; and

WHEREAS, since the 1990 reforms, it is increasingly clear to the stakeholders that the judiciary exercises a critical role in balancing the exclusive remedy and tort law; and

WHEREAS, stakeholders appreciate the pressure on the judiciary resulting from increasing regulation of the employment relationship, which pressures the theories of the exclusive remedy for work-related injuries; and

WHEREAS, the advisory council's 1998 annual report highlights the exclusive remedy balance and its relation to an effective workers' compensation system;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the advisory council on workers' compensation and occupational disease disablement be requested to continue to monitor the performance of the workers' compensation system, annually reporting its findings, recommendations and conclusions; and

BE IT FURTHER RESOLVED that the judicial branch be requested to exercise careful judgment to maintain the balance between exclusive remedy and tort law; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the advisory council on workers' compensation and occupational disease disablement, each district court judge, the justices of the court of appeals and the justices of the supreme court.