Rivera v. Sagebrush Sales, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that the difference between the two tests “is a matter of some confusion within the practicing bar, with some people taking the position that there is no distinction and that borrowed employees are just one sort of statutory employee”
• “characterization of relationship by worker or employer does not control determination of whether employment relationship exists”
• “Under certain conditions, both the general and special employer are liable for workers’ compensation.”
• “Under certain conditions, both the general and special employer are liable for workers’ compensation.”
• special employer liable for workers’ compensation benefits when: (1) employee has contract of hire with special employer; (2) work done is that of special employer; and (3) special employer has right to control details of work
• “The fact that Rivera’s affidavit asserted that he had no employment contract with Sagebrush and that he had not been told he would be considered Sagebrush’s employee for purposes of the Act does not change this result.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Harger v. Structural Services, Inc.
  New Mexico Supreme Court· 1996-04-17· cited 40×
• Tapia v. City of Albuquerque
  D. New Mexico· 2014-03-31· cited 16×
• Braziel v. Tobosa Developmental Services
  Tenth Circuit· 1999-01-20· cited 14×
• Romero v. SHUMATE CONSTRUCTIONS, INC.
  New Mexico Court of Appeals· 1995-01-09· cited 14×
• Hamberg v. Sandia Corp.
  New Mexico Supreme Court· 2008-02-14· cited 11×
• Vigil v. Digital Equipment Corp.
  New Mexico Court of Appeals· 1996-07-23· cited 10×
• Hamberg v. Sandia Corp.
  New Mexico Court of Appeals· 2007-04-18· cited 6×
• Joyce v. Pecos Benedictine Monastery
  New Mexico Court of Appeals· 1995-04-25· cited 5×
• Benavidez v. Sierra Blanca Motors
  New Mexico Court of Appeals· 1995-11-08· cited 4×
• Benavidez v. Sierra Blanca Motors
  New Mexico Court of Appeals· 1998-04-24· cited 3×
• Street v. Alpha Construction Services
  New Mexico Court of Appeals· 2006-06-22· cited 3×
• Bain v. IMC Global Operations, Inc.
  Tenth Circuit· 2007-06-06· cited 2×

Cites

14 cases in this archive are cited by this case.

• Whitehead v. Safway Steel Products, Inc.
  Court of Appeals of Maryland· 1985-09-17· cited 79×
• English v. Lehigh County Authority
  Superior Court of Pennsylvania· 1981-07-17· cited 73×
• Antheunisse v. Tiffany & Co., Inc.
  New Jersey Superior Court App Division· 1988-12-22· cited 62×
• Word v. Motorola, Inc.
  Arizona Supreme Court· 1983-04-01· cited 54×
• Shipman v. MacCo Corporation
  New Mexico Supreme Court· 1964-05-04· cited 38×
• Wright v. Habco, Inc.
  Supreme Court of Missouri· 1967-10-09· cited 35×
• Jelso v. World Balloon Corp.
  New Mexico Court of Appeals· 1981-11-24· cited 31×
• Matkins v. Zero Refrigerated Lines, Inc.
  New Mexico Court of Appeals· 1979-07-26· cited 29×
• Santa Cruz Poultry, Inc. v. Superior Court
  California Court of Appeal· 1987-08-27· cited 21×
• Johnson v. Aztec Well Servicing Co.
  New Mexico Court of Appeals· 1994-05-11· cited 14×
• Quintana v. University of California
  New Mexico Court of Appeals· 1991-02-07· cited 11×
• Guerrero v. Standard Alloys Manufacturing Co.
  Court of Appeals of Texas· 1978-04-27· cited 11×
• Garcia v. Smith Pipe and Steel Co.
  New Mexico Court of Appeals· 1988-09-13· cited 7×
• Wuertz v. Howard
  New Mexico Supreme Court· 1966-12-19· cited 7×