Chapter 52 — Chapter 52

Chapter 52, Article 1 NMSA 1978 shall be known and may be cited as the "Workers' Compensation Act". History: Laws 1929, ch. 113, § 1; C.S. 1929, § 156-101; 1941 Comp., § 57-901; 1953 Comp., § 59-10-1; Laws 1959, ch. 67, § 1; 1986, ch. 22, § 1; 1987, ch. 235, § 1.

As used in Chapter 52, Articles 1 through 6 NMSA 1978: A. "controlled insurance plan" means a plan of insurance coverage that is established by an owner or principal contractor that requires participation by contractors or subcontractors who are engaged in the construction projec…

occupational disease disablement; functions and duties; independent medical examinations committee. A. There is created in the workers' compensation administration an advisory council on workers' compensation and occupational disease disablement. Members of the council shall be a…

employer to provide or failure of employee to use safety devices. A. In case an injury to, or death of, a worker results from his failure to observe statutory regulations appertaining to the safe conduct of his employment or from his failure to use a safety device provided by his…

Notwithstanding anything in the worker's compensation law to the contrary, if the fault of the worker's employer or those for whom the employer is legally responsible, other than the injured worker, is found to have proximately caused the worker's injury, the employer's right to …

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, § 15…

History: 1953 Comp., § 59-10-8.1, enacted by Laws 1971, ch. 55, § 1; 1989, ch. 263, § 9; repealed by Laws 2016, ch. 24, § 3.

contribute to injury or death; exceptions. A. As used in this section, "intoxication" or "influence" means a temporary state or condition of impaired physical, mental or cognitive function by means of alcohol, a drug, a controlled substance or a combination of two or more substan…

Any agreement made between such employer and any such worker to be bound by the provisions of the Workers' Compensation Act may be terminated by either party upon giving thirty days notice to the other in writing, prior to any accidental injury suffered by such worker. History: L…

exempted.] This act [Chapter 52, Article 1 NMSA 1978] shall not be construed to apply to business or pursuits or employments which according to law are so engaged in interstate commerce as to be not subject to the legislative power of the state, nor to persons injured while they …

As used in the Workers' Compensation Act, unless the context otherwise requires, "employer" includes any person or body of persons, corporate or incorporate, and the legal representative of a deceased employer or the receiver or trustee of a person, corporation, association or pa…

A. As used in the Workers' Compensation Act, unless the context otherwise requires, "worker" means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not fo…

As used in the Workers' Compensation Act, unless the context otherwise requires, the following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of the Workers' Compensation Act: A. a child under eighteen years of age or incapabl…

As used in the Workers' Compensation Act, unless the context otherwise requires, "child" includes stepchildren, adopted children, posthumous children and acknowledged illegitimate children but does not include married children unless dependent. The words "adopted" or "adoption" a…

As used in the Workers' Compensation Act, unless the context otherwise requires, "injury by accident arising out of and in the course of employment" shall include accidental injuries to workers and death resulting from accidental injury as a result of their employment and while a…

The state and each county, municipality, school district, drainage, irrigation or conservancy district, public institution and administrative board thereof employing workers, every charitable organization employing workers and every private person, firm or corporation engaged in …

As used in the Workers' Compensation Act, unless the context otherwise requires, the average weekly wage of an injured employee shall be taken as the basis upon which to compute compensation payments and shall be determined as follows: A. "average weekly wage" means the weekly wa…

ANNOTATIONS Repeals. — Laws 1987, ch. 235, § 54B repeals 52-1-21 NMSA 1978 as enacted by Laws 1965, ch. 295, § 14, relating to the use of the terms "judge" and "court" in the Workmen's Compensation Act, effective June 19, 1987.

As used in the Workers' Compensation Act, unless the context otherwise requires, where any employer procures any work to be done wholly or in part for him by a contractor other than an independent contractor and the work so procured to be done is a part or process in the trade or…

For purposes of the Workers' Compensation Act, where any employer procures any work to be done wholly or in part for him by a contractor where the work so procured to be done is casual employment as to such employer, then such contractor shall become the employer. History: 1953 C…

As used in the Workers' Compensation Act: A. "impairment" means an anatomical or functional abnormality existing after the date of maximum medical improvement as determined by a medically or scientifically demonstrable finding and based upon the most recent edition of the America…

As used in the Workers' Compensation Act, "date of maximum medical improvement" means the date after which further recovery from or lasting improvement to an injury can no longer be reasonably anticipated based upon reasonable medical probability as determined by a health care pr…

A. As used in the Workers' Compensation Act, "permanent total disability" means: (1) the permanent and total loss or loss of use of both hands or both arms or both feet or both legs or both eyes or any two of them; or (2) a brain injury resulting from a single traumatic work-rela…

A. As used in the Workers' Compensation Act, "temporary total disability" means the inability of a worker, by reason of accidental injury arising out of and in the course of the worker's employment, to perform the duties of that employment prior to the date of the worker's maximu…

A. As a guide to the interpretation and application of this section, the policy and intent of this legislature is declared to be that every person who suffers a compensable injury with resulting permanent partial disability should be provided with the opportunity to return to gai…

modifications. A. For the purpose of determining the percentage of disability pursuant to Section 52-1-26 NMSA 1978, impairment shall constitute the base value. B. The appropriate values for the age modification, as determined in Section 52-1- 26.2 NMSA 1978, and the education mo…

A. The range of the age modification is one to five. The modification is based upon the worker's age at the time of the disability rating. B. For a worker who is: (1) forty-four years old or younger, one point shall be awarded; (2) forty-five to forty-nine years old, two points s…

A. The range of the education modification is one to eight. The modification shall be based upon the worker's formal education, skills and training at the time of the disability rating. B. A worker shall be awarded points based on the formal education that the worker has received…

modification. A. The range of the physical capacity modification is one to eight. B. The award of points to a worker shall be based upon the difference between the physical capacity necessary to perform the worker's usual and customary work and the worker's residual physical capa…

ANNOTATIONS Repeals. — Laws 1986, ch. 22, § 105 repealed 52-1-27 NMSA 1978, as enacted by Laws 1986, ch. 22, § 7, defining "date of maximum medical improvement", effective July 1 1987. That repeal, however, was repealed by Laws 1987, ch. 235, § 54A effective June 19, 1987. Laws 1…

A. Claims for workers' compensation shall be allowed only: (1) when the worker has sustained an accidental injury arising out of and in the course of his employment; (2) when the accident was reasonably incident to his employment; and (3) when the disability is a natural and dire…

A. Claims may be filed under the Workers' Compensation Act alleging unfair claim- processing practices or bad faith by an employer, insurer or claim-processing representative relating to any aspect of the Workers' Compensation Act. The director may also investigate allegations of…

penalty. A. An employer shall not discharge, threaten to discharge or otherwise retaliate in the terms or conditions of employment against a worker who seeks workers' compensation benefits for the sole reason that that employee seeks workers' compensation benefits. B. Any person …

physical condition; forfeiture. A. When an employer asks by written questionnaire for the disclosure of a worker's medical condition, no compensation is payable from that employer for an injury to that worker under the provisions of the Workers' Compensation Act if: (1) the worke…

notice of requirement. A. Any worker claiming to be entitled to compensation from any employer shall give notice in writing to his employer of the accident within fifteen days after the worker knew, or should have known, of its occurrence, unless, by reason of his injury or some …

agencies. A. The risk management division of the general services department shall provide workers' compensation coverage for all public employees, as defined in the Workers' Compensation Act, of all state agencies regardless of the hazards of their employment. B. The director of…

A. As used in the Workers' Compensation Act, unless otherwise provided, "public employee" means any person receiving a salary from, and acting in the service of, the state or any county, municipality, school district, drainage, irrigation or conservancy district, public instituti…

Compensation shall be paid by the employer to the worker in installments. The first installment shall be paid not later than fourteen days after the worker has missed seven days of lost time from work, whether or not the days are consecutive. Remaining installments shall be paid …

failure to give required notice or to file claim within time allowed. A. If an employer or his insurer fails or refuses to pay a worker any installment of compensation to which the worker is entitled under the Workers' Compensation Act, after notice has been given as required by …

of employer. The failure of any person entitled to compensation under the Workers' Compensation Act to give any notice or file any claim within the time fixed by the Workers' Compensation Act shall not deprive such person of the right to compensation where the failure was caused …

ANNOTATIONS Repeals. — Laws 1986, ch. 22, § 102 repeals former 52-1-37 NMSA 1978, as amended by L. 1959, ch. 67, § 16, relating to venue of workmen's compensation claims, effective May 21, 1986. For present comparable provisions, see 52-5-1 NMSA 1978 et seq.

A. All judgments based upon a supplementary compensation order pursuant to Section 52-5-10 NMSA 1978 shall be against the defendants and each of them for the amount then due and shall also contain an order upon the defendants for the payment to the worker, at regular intervals du…

ANNOTATIONS Repeals. — Laws 1986, ch. 22, § 102 repeals former 52-1-39 NMSA 1978, as enacted by Laws 1959, ch. 67, § 18, relating to appeals to the supreme court, effective May 21, 1986. For present comparable provisions, see 52-5-8 NMSA 1978.

coverage with workers' compensation administration; exemptions from requirement. A. Every employer subject to the Workers' Compensation Act shall direct his insurance carrier to file, and the insurance carrier shall file, in the office of the director evidence of workers' compens…

ANNOTATIONS Repeals. — Laws 1999, ch. 172, § 4 repeals 52-1-4.1 NMSA 1978, enacted by Laws 1979, ch. 368, § 2 and as amended by Laws 1987, ch. 235, § 6, relating to fee for filing insurance policy in office of director, effective June 1, 1999.

A. An owner or the principal contractor of a construction project may establish and administer a controlled insurance plan, provided the covered project is a construction project, a plant expansion or real property improvements within New Mexico with an aggregate construction val…

No compensation benefits shall be allowed under the provisions of the Workers' Compensation Act for any accidental injury which does not result in the workers' death or in a disability which lasts for more than seven days; provided, however, if the period of the workers' disabili…

A. For total disability, the worker shall receive, during the period of that disability, sixty-six and two-thirds percent of the worker's average weekly wage, and not to exceed a maximum compensation of eighty-five percent of the average weekly wage in the state, a week, effectiv…

maximum duration of benefits. A. For permanent partial disability, the workers' compensation benefits not specifically provided for in Section 52-1-43 NMSA 1978 shall be a percentage of the weekly benefit payable for total disability as provided in Section 52-1-41 NMSA 1978. The …

A. For disability resulting from an accidental injury to specific body members, including the loss or loss of use thereof, the worker shall receive the weekly maximum and minimum compensation for disability as provided in Section 52-1-41 NMSA 1978, for the following periods: Inju…