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eBook details

• Title: Wylie Corp. v. Mowrer
• Author : New Mexico Supreme Court
• Release Date : January 29, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

To state the posture in which the matter comes to us merely hints at the complexity of the issues raised. In historical context, this court rejected a legislative attempt to create a workmens compensation commission thirty years ago when, in State ex rel. Hovey Concrete Products Company v. Mechem, 63 N.M. 250, 316 P.2d 1069 (1957), it struck down a similar act as an unconstitutional incursion into the exclusive decision-making powers of the judiciary. The first issue, therefore, squarely before us is whether the 1986 Act, in view of Mechem, is constitutional. That is a question that cannot be avoided, because before we can determine whether any provisions of this Act will bear further upon the rights or remedies of the workman in the suit underlying this immediate matter, we must recognize that the district judge refused to concede that he had no jurisdiction specifically upon the ground that, under the precedent of Mechem, "the new Workmens Compensation Law would be unconstitutional." If Mechem remains the law in this jurisdiction, the inquiry inherent in this matter is similarly answered: The Act, being unconstitutional, cannot take jurisdiction from the district courts and place it in an administrative body.

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