N.M. Stat. § 52-1-11 (2026)

noncompensable.
    No compensation shall become due or payable from any employer under the terms
of the Workers' Compensation Act in the event such injury was willfully suffered by the
worker or intentionally inflicted by the worker.

History: Laws 1929, ch. 113, § 8; C.S. 1929, § 156-108; 1941 Comp., § 57-908; 1953
Comp., § 59-10-8; 1989, ch. 263, § 8; 2016, ch. 24, § 1.

                                     ANNOTATIONS

The 2016 amendment, effective May 18, 2016, removed injuries caused by a worker’s
intoxication as noncompensable injuries and limited the section to injuries willfully
suffered by the worker or intentionally inflicted by the worker; in the heading, after
"injuries", deleted "due to intoxication" and added "caused by the", after "Compensation
Act in", added "the", after "such injury was", deleted "occasioned by the intoxication of
such worker or", after "suffered by", deleted "him" and added "the worker", and after
"intentionally inflicted by", deleted "himself" and added "the worker".

Injury was not solely occasioned by worker’s intoxication. — Section 52-1-11
NMSA 1978 is inapplicable to bar recovery where there is substantial evidence that
supports a contributing cause to the worker’s injury, in addition to the worker’s
intoxication. Villa v. City of Las Cruces, 2010-NMCA-099, 148 N.M. 668, 241 P.3d 1108,
cert. denied, 2010-NMCERT-009, 149 N.M. 49, 243 P.3d 753.

Where worker was intoxicated when worker started work and at the time of the accident;
worker had been driving a garbage truck for at least an hour before the accident and did
not hit anything; worker walked around on the top of the truck without difficulty; a co-
worker did not notice a problem with worker’s demeanor; worker’s supervisor and co-
worker observed worker climb up on the truck without noticing anything amiss; and
worker was standing on a narrow ledge of the truck attempting to attach a chain to a
dumpster when worker slipped and fell, worker’s behavior and conduct did not raise to
the level of willfulness. Villa v. City of Las Cruces, 2010-NMCA-099, 148 N.M. 668, 241
P.3d 1108, cert. denied, 2010-NMCERT-009, 149 N.M. 49, 243 P.3d 753.

Sufficient evidence to support finding that injury was not occasioned by
intoxication. — Where worker stepped onto a forklift; the driver of the forklift began
driving away and worker fell and was dragged across a parking lot, suffering serious
injury; tests revealed that worker had a blood alcohol content level of .079 forty minutes
after the accident, which by extrapolation was .092 at the time of accident; and worker
was able to accomplish other tasks before the accident, there was substantial evidence
to support the finding that the worker’s injury was not occasioned by intoxication. Nelson
v. Homier Distrib. Co., Inc., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690.

Negligence on part of worker does not preclude relief under the Workers'
Compensation Act. Morales v. Reynolds, 2004-NMCA-098, 136 N.M. 280, 97 P.3d 612,
cert. denied, 2004-NMCERT-008, 136 N.M. 492, 100 P.3d 197.

Willful or intentional conduct outside of Workers' Compensation Act. —
Willfulness renders a worker's injury non-accidental, and therefore outside the scope of
the Workers' Compensation Act, when: (1) the worker or employer engages in an
intentional act or omission, without just cause or excuse, that is reasonably expected to
result in the injury suffered by the worker; (2) the worker or employer expects the
intentional act or omission to result in the injury, or has utterly disregarded the
consequences; and (3) the intentional act or omission proximately causes the injury.
Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148.

Burden of proof on insurance carrier where intoxication used as defense to claim.
— Where intoxication is used as a defense by insurance carrier it has burden of proving
the employee's intoxication and that the intoxication was cause of the accident which
resulted in employee's injury. Parr v. State Hwy. Dep't, 1950-NMSC-016, 54 N.M. 126,
215 P.2d 602.

Employer has burden of proving that claimant was intoxicated at time of injury
and that the intoxication was the proximate cause of the accident. Salazar v. City of
Santa Fe, 1983-NMCA-134, 102 N.M. 172, 692 P.2d 1321, cert. quashed, 102 N.M.
225, 693 P.2d 591 (1985).

Summary judgment appropriate. — In order to maintain the balance of interests
embodied in the Workers' Compensation Act's bargain, it is appropriate for a district
court to grant summary judgment to an employer when a worker who pursues a tort
claim cannot demonstrate the objective expectation of injury, the subjective state of
mind of the employer, and the casual relationship between the intent and the injury.
Morales v. Reynolds, 2004-NMCA-098, 136 N.M. 280, 97 P.3d 612, cert. denied, 2004-
NMCERT-008, 136 N.M. 492, 100 P.3d 197.
Expert testimony not required. — Section 52-1-28 NMSA 1978 (proof of
compensable claims) does not require an employer seeking to establish that a worker's
accident was caused by his or her intoxication pursuant to this section to prove such a
causal connection through expert testimony. Estate of Mitchum v. Triple S Trucking,
1991-NMCA-118, 113 N.M. 85, 823 P.2d 327, cert. denied, 113 N.M. 16, 820 P.2d
1330.

Evidence sufficient to support intoxication defense. — Evidence was sufficient to
support a finding that the worker was intoxicated at the time of his accident and that his
intoxication contributed to his accident. Estate of Mitchum v. Triple S Trucking, 1991-
NMCA-118, 113 N.M. 85, 823 P.2d 327, cert. denied, 113 N.M. 16, 820 P.2d 1330.

Violation of order forecloses compensability. — If an order or warning is one limiting
the scope or sphere of work which claimant is authorized to do, then a violation
forecloses compensability for the injury so sustained. Walker v. Woldridge, 1954-
NMSC-027, 58 N.M. 183, 268 P.2d 579.

Violation of safety regulation. — A miner's injury was not "willfully suffered" so as to
bar the recovery of compensation for injuries suffered where he was injured in a
recently blasted work area after failing to "bar down" the area, as required by federal
and state regulations. The violation of an instruction on a regulation, without more, is not
willful. Garcia v. Homestake Mining Co., 1992-NMCA-018, 113 N.M. 508, 828 P.2d 420,
cert. denied, 113 N.M. 488, 827 P.2d 1302.

Act of employee without relation to employment. — An employee must be held to
stand the risk of injury received by him which proximately results from an act of his own
which has no reasonable relation to the employment. Walker v. Woldridge, 1954-
NMSC-027, 58 N.M. 183, 268 P.2d 579.

A plea of guilty to reckless driving is not conclusive evidence of willful conduct,
but is rather an admission subject to explanation, and if explained becomes an issue of
fact. The trial court's finding that the plaintiff did what he thought was best in his
judgment and that at the time of the accident wherein the said plaintiff was injured he
was within the scope of his employment and was acting in apparent emergency, and
without deserting his employment, for the purpose of advancing the interest of his
employer, was supported by substantial evidence. Martinez v. Earth Res. Co., 1975-
NMCA-020, 87 N.M. 278, 532 P.2d 207.

Refusing to heed advice of physician not willful misconduct. — Where a workman
[worker] had refused to heed the advice of his physician to remain in bed, but continued
his work, such refusal did not constitute "willful misconduct" barring recovery of
compensation for his death, from a fall or from a heart attack, when he did not know he
had heart disease. Christensen v. Dysart, 1938-NMSC-008, 42 N.M. 107, 76 P.2d 1.

Where worker ignored physician's advice to avoid heavy work because of his congenital
vertebrae abnormality, and subsequently suffered from a work-related disc protrusion
distinct from the congenital defect, worker's conduct did not bar compensation as
worker was unaware of risk of development of distinct back problem which could
aggravate the congenital defect. Tallman v. Arkansas Best Freight, 1988-NMCA-091,
108 N.M. 124, 767 P.2d 363, cert. denied, 109 N.M. 33, 781 P.2d 305.

Law reviews. — For comment, "Witnesses - Privileged Communications - Physician-
Patient Privilege in Workmen's Compensation Cases," see 7 Nat. Resources J. 442
(1967).

For note, "Workmen's Compensation in New Mexico: Preexisting Conditions and the
Subsequent Injury Act," see 7 Nat. Resources J. 632 (1967).

For survey of workers' compensation law in New Mexico, see 18 N.M.L. Rev. 579
(1988).

For note, "Workers' Compensation: Exclusivity, Common Law Remedies, and the
Reconsideration of the Actual Intent Test - Delgado v. Phelps Dodge Chino, Inc.," see
32 N.M.L. Rev. 549 (2002).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation
§§ 215, 256, 257.

Failure to use safety appliances as serious and willful misconduct, 4 A.L.R. 121, 23
A.L.R. 1161, 23 A.L.R. 1172, 26 A.L.R. 166, 58 A.L.R. 198, 83 A.L.R. 1211, 119 A.L.R.
1409.

Insanity as affecting right of employee to compensation, 6 A.L.R. 570.

Recovery of compensation for injury or death to which delirium tremens contributes, 19
A.L.R. 106, 28 A.L.R. 204, 60 A.L.R. 1299.

Necessity and sufficiency of evidence that delirium tremens suffered by applicant for
compensation is attributable to his employment, 20 A.L.R. 26, 73 A.L.R. 488.

Workmen's compensation: effect of employee's intoxication, 43 A.L.R. 421.

Workmen's compensation: injury from assault, 72 A.L.R. 116, 112 A.L.R. 1258.

Suicide as compensable under Workmen's Compensation Act, 15 A.L.R.3d 616.

Workers' compensation: effect of allegation that injury was caused by, or occurred
during course of, worker's illegal conduct, 73 A.L.R.4th 270.

99 C.J.S. Workmen's Compensation §§ 206, 258 to 265, 320; 100 C.J.S. Workmen's
Compensation §§ 563, 564, 612, 636, 768.
52-1-12. Repealed.
History: 1953 Comp., § 59-10-8.1, enacted by Laws 1971, ch. 55, § 1; 1989, ch. 263, §
9; repealed by Laws 2016, ch. 24, § 3.

                                     ANNOTATIONS

Repeals. — Laws 2016, ch. 24, § 3 repealed 52-1-12 NMSA 1978, as enacted by Laws
1971, ch. 55, § 1, relating to compensation prohibited when worker under influence of
certain drugs, effective May 18, 2016. For provisions of former section, see the 2015
NMSA 1978 on NMOneSource.com.