Any educational institution in this state employing student labor in aid of students attending the institution by enabling students to defray their tuition and expenses and in which institution any class of machinery or appliances are [is] used for instruction or otherwise and which would subject the institution to the terms of the Workers' Compensation Act as engaging in a hazardous calling or business as defined by that act is hereby exempted from the terms and operations of the Workers' Compensation Act as to any liability accruing to any student so employed; provided, the terms of that act shall in no way relieve any institution from any liability for damages or injuries to any student which would otherwise be recoverable by law.

History: Laws 1939, ch. 232, § 1; 1941 Comp., § 57-932; 1953 Comp., § 59-10-32; Laws 1989, ch. 263, § 39.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Construction of section. — The exemption of this section applies to the educational institution, not to student workers. Bajart v. University of N.M., 1999-NMCA-064, 127 N.M. 311, 980 P.2d 94.

The exemption of this section is in the nature of a privilege to claim immunity from the obligations and benefits of the Workers' Compensation Act, and it does not operate to exclude those institutions that wish to be covered by the act. Bajart v. University of N.M., 1999-NMCA-064, 127 N.M. 311, 980 P.2d 94.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 126.

Workers' compensation: student athlete as "employee" of college or university providing scholarship or similar financial assistance, 58 A.L.R.4th 1259.

99 C.J.S. Workmen's Compensation § 57.