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229 sections in this chapter.
NMSA 1978, § 52-3-38 Minor deemed sui juris
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A minor working at an age and at an occupation legally permitted shall be deemed of the age of majority for the purpose of the New Mexico Occupational Disease Disablement Law, and no other person shall have any cause of action or right to compensation for disablement of the minor…
NMSA 1978, § 52-3-39 Physical examinations of worker; independent medical
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examination; unsanitary or injurious practices by worker; testimony of health care providers. A. In the event of a dispute concerning any medical issue, if the parties cannot agree upon the use of a specific independent medical examiner, either party may petition a workers' compe…
NMSA 1978, § 52-3-4 Definitions
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As used in the New Mexico Occupational Disease Disablement Law: A. "award" means the final compensation order made by the workers' compensation judge pursuant to Section 52-5-7 NMSA 1978; B. "compensation" means the payments and benefits provided for in the New Mexico Occupationa…
NMSA 1978, § 52-3-40 Autopsy in death claims
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A. On the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary to ascertain the cause of death, it may be ordered by the workers' compensation judge and shall be made by a qualified person designated by the workers' compensation …
NMSA 1978, § 52-3-41 Absence; employee to give notices of
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Any employee to whom compensation has been allowed or awarded who desires to leave the locality in which he was employed shall report to his attending physician for examination and shall notify the director in writing of his intention, accompanying the notice with a certificate f…
NMSA 1978, § 52-3-42 Limitation on filing of claims; rights barred unless timely
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filed. The right to benefits under the New Mexico Occupational Disease Disablement Law for disablement or death from an occupational disease shall be forever barred unless written claim is filed with the workers' compensation administration within the time provided: A. if the cla…
NMSA 1978, § 52-3-43 When occupational disease aggravated by other diseases
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Where an occupational disease is aggravated by any other disease or infirmity not itself compensable, or where disablement or death from any other cause not itself compensable is aggravated, prolonged, accelerated or in any wise contributed to by an occupational disease, the comp…
NMSA 1978, § 52-3-44 No liability prior to effective date
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Nothing in this act shall create any liability on the part of any employer where disablement or death occurred prior to the date on which this act becomes effective nor for death or injury by accident arising out of and in the course of employment. History: 1941 Comp., § 57-1131,…
NMSA 1978, § 52-3-45 Employees [Employee's] willful misconduct, willful self
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exposure; defined. Notwithstanding anything herein contained no employee or dependent of any employee shall be entitled to receive compensation for disablement or death from an occupational disease when such disablement or death, wholly or in part, was caused by the willful misco…
NMSA 1978, § 52-3-45.1 Unfair claim-processing practices; bad faith
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A. Claims may be filed under the New Mexico Occupational Disease Disablement Law alleging unfair claim-processing practices or bad faith by an employer, insurer or claim-processing representative relating to any aspect of the New Mexico Occupational Disease Disablement Law. The d…
NMSA 1978, § 52-3-45.2 Retaliation against employee seeking benefits; civil
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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 occupational disease disablement benefits for the sole reason that that employee seeks occupational disease disablement be…
NMSA 1978, § 52-3-45.3 False statements or representations with regard to
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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 a disablement to that worker under the provisions of the New Mexico Occupational Disease Disable…
NMSA 1978, § 52-3-45.4 Compensation benefits limit
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A. Unless otherwise contracted for by the worker and employer, occupational disease disablement benefits shall be limited so that no worker receives more in total payments, including wages and benefits from his employer, by not working than by continuing to work. Compensation ben…
NMSA 1978, § 52-3-46 Compensation limited to Occupational Disease
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Disablement Law; not additional to that provided for accidents. In all cases where injury results by reason of an accident arising out of or in the course of employment, no compensation under the New Mexico Occupational Disease Disablement Law shall be payable nor shall any compe…
NMSA 1978, § 52-3-47 Fee restrictions; appointment of attorneys by the director
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or workers' compensation judge; discovery costs; offer of judgment; penalty for violations. A. It is unlawful for any person to receive or agree to receive any fees or payment directly or indirectly in connection with any claim for compensation under the New Mexico Occupational D…
NMSA 1978, § 52-3-48 Employee to submit to examination and give information
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regarding self. A. It is the duty of the employee at the time of his employment or thereafter from time to time at the request of the employer to submit himself to examination by a physician or surgeon duly authorized to practice medicine, who shall be paid by the employer, for t…
NMSA 1978, § 52-3-49 Rights and liabilities of employer and employee after
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award; penalty for failure to file undertaking or become exempt therefrom. A. Any employee awarded compensation for disablement under the New Mexico Occupational Disease Disablement Law shall, previous to the due date of any installment of compensation provided for in the compens…
NMSA 1978, § 52-3-49.1 Rehiring of disabled workers
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A. If an employer is hiring, the employer shall offer to rehire any worker who has stopped working due to a disablement for which he has received or is due to receive benefits under the New Mexico Occupational Disease Disablement Law and who applies for his pre-disablement job or…
NMSA 1978, § 52-3-5 Acceptance
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A. All employers of employees, subject to the provisions of the New Mexico Occupational Disease Disablement Law, shall be conclusively presumed to have accepted the provisions of the New Mexico Occupational Disease Disablement Law. B. Election on the part of the employer or of an…
NMSA 1978, § 52-3-50 Effect of failure of employee to file claim by reason of
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conduct of employer. The failure of any person entitled to compensation under the New Mexico Occupational Disease Disablement Law to give notice of disablement or file claim within the time fixed by that law shall not deprive the person of the right to compensation where failure …
NMSA 1978, § 52-3-51 Reports to be filed with director
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It is the duty of every employer of labor in this state subject to the provisions of the New Mexico Occupational Disease Disablement Law or the employer's disease disablement compensation insurance carrier to make a written report to the director of all claims for disablement tha…
NMSA 1978, § 52-3-52 Notice to director
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A. Every employer of labor within this state subject to the provisions of the New Mexico Occupational Disease Disablement Law or his insurer shall notify the director of the date on which the initial payment of any claim for benefits under the New Mexico Occupational Disease Disa…
NMSA 1978, § 52-3-53 Penalties
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The director shall impose a penalty on any person who fails to file a report required by, or who violates any provision of, the New Mexico Occupational Disease Disablement Law or any rule or regulation adopted pursuant to that act. Unless specified otherwise in the New Mexico Occ…
NMSA 1978, § 52-3-54 Director to enforce the New Mexico Occupational Disease
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Disablement Law. For the purpose of enforcing the New Mexico Occupational Disease Disablement Law, there are hereby conferred upon the director the following powers and duties, so that when any employer subject to the provisions of the New Mexico Occupational Disease Disablement …
NMSA 1978, § 52-3-55 Extraterritorial coverage
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If an employee, while working outside the territorial limits of this state suffers an occupational disease on account of which he, or in the event of his death, his dependents, would have been entitled to the benefits provided by the New Mexico Occupational Disease Disablement La…
NMSA 1978, § 52-3-56 Credit for benefits furnished or paid under laws of other
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jurisdictions. The payment or award of benefits under the occupational disease disablement law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such occupational disease to the benefits of this act [52-3-55 …
NMSA 1978, § 52-3-57 Nonresident employers employing workers in state;
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requirement for insurance; enforcement. A. Every employer not domiciled in the state who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and every other employer not domiciled in the …
NMSA 1978, § 52-3-58 Locale of employment
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A. A person's employment is principally localized in this or another state when: (1) his employer has a place of business in this or such other state and he regularly works at or from such place of business; or (2) if Paragraph (1) of this subsection is not applicable, he is domi…
NMSA 1978, § 52-3-59 Reciprocal recognition of extra-territorial coverage with
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other jurisdictions. For the purpose of effecting mutually satisfactory reciprocal arrangements with other states respecting extra-territorial jurisdictions, the employment security division of the labor department is empowered to promulgate special and general regulations not in…
NMSA 1978, § 52-3-6 Application of provisions of the New Mexico Occupational
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Disease Disablement Law to certain corporations' employees. A. Notwithstanding any provisions to the contrary in the New Mexico Occupational Disease Disablement Law, an employee, as defined in Subsection F of this section, of a business or professional corporation who is also an …
NMSA 1978, § 52-3-60 Offset of unemployment compensation benefits
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A. No total disablement benefits shall be payable under the New Mexico Occupational Disease Disablement Law for any weeks in which the disabled employee has received or is receiving unemployment compensation benefits, except as provided in this section. B. If an employee is entit…
NMSA 1978, § 52-3-7 Defenses to action by employee
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In an action against an employer who has not complied with Section 52-3-9 NMSA 1978 to recover damages for an occupational disease sustained by an employee while engaged in the line of his duty as such, or for death resulting from occupational diseases so sustained in which recov…
NMSA 1978, § 52-3-8 Right to compensation; exclusive when
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The right to the compensation provided for in this act, in lieu of any other liability whatsoever, to any and all persons whomsoever, for any disablement from occupational disease or death resulting therefrom, shall obtain in all cases where the following conditions occur: A. whe…
NMSA 1978, § 52-3-9 Filing insurance under the New Mexico Occupational
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Disease Disablement Law. A. Every employer subject to the New Mexico Occupational Disease Disablement Law shall file in the office of the director evidence of workers' occupational disease disablement insurance coverage in the form of a certificate containing that information req…
NMSA 1978, § 52-3-9.2 Destruction of policies, bonds and undertakings
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From and after the expiration of three years following the date of filing any insurance policy or certificate thereof, bond or undertaking pursuant to the provisions of Section 52-3-9 NMSA 1978, the director may, in his discretion, authorize the destruction of such insurance poli…
NMSA 1978, § 52-4-1 Definition; health care provider
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As used in Chapter 52 NMSA 1978, "health care provider" means: A. a hospital maintained by the state or a political subdivision of the state or any place currently licensed as a hospital by the department of health that has: (1) accommodations for resident bed patients; (2) a lic…
NMSA 1978, § 52-4-2 Utilization review; penalties
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A. The director shall establish a system of peer group utilization review of selected outpatient and inpatient health care provider services to workers claiming benefits under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease D…
NMSA 1978, § 52-4-3 Case management
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A. The director shall establish a system of case management for coordinating the health care services provided to workers claiming benefits under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 19…
NMSA 1978, § 52-4-4 Temporary provision; rules and regulations
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A. The director shall adopt and promulgate regulations and contract with a peer review organization pursuant to Section 52-4-2 NMSA 1978 no later than October 1, 1990. B. The director shall establish a baseline period of no less than six months, adjusted for seasonal variations, …
NMSA 1978, § 52-4-5 Fee schedule
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A. The director shall adopt and promulgate regulations establishing a schedule of maximum charges as deemed necessary for treatment or attendance, service, devices, apparatus or medicine provided by a health care provider. The rates in the schedules of maximum charges shall not f…
NMSA 1978, § 52-5-1 Purpose
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It is the intent of the legislature in creating the workers' compensation administration that the laws administered by it to provide a workers' benefit system be interpreted to assure the quick and efficient delivery of indemnity and medical benefits to injured and disabled worke…
NMSA 1978, § 52-5-1.1 Short title
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Chapter 52, Article 5 NMSA 1978 [except 52-5-22 NMSA 1978] may be cited as the "Workers' Compensation Administration Act". History: Laws 1990 (2nd S.S.), ch. 2, § 61.
NMSA 1978, § 52-5-1.2 Workers' compensation administration created
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There is created as an entity of state government the "workers' compensation administration". History: Laws 1990 (2nd S.S.), ch. 2, § 62; 2003, ch. 259, § 8.
NMSA 1978, § 52-5-1.3 Enforcement bureau
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A. There is created in the workers' compensation administration an "enforcement bureau". B. The enforcement bureau shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced. The enforcement bureau shall refer to an appropri…
NMSA 1978, § 52-5-1.4 Ombudsman program
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A. The director shall establish an ombudsman program to assist injured or disabled workers, persons claiming death benefits, employers and other persons in protecting their rights and obtaining information available under workers' compensation and occupational disease disablement…
NMSA 1978, § 52-5-10 Enforcement of payment in default
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A. In the event of default in the payment of compensation due under a compensation order, the person to whom compensation is payable may, after the thirtieth day from the date on which the compensation became due and before the lapse of one year from that due date, make applicati…
NMSA 1978, § 52-5-11 Minors and incompetents
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A. If a guardian or legal representative has been appointed for a person who is incompetent or a minor, payment of compensation benefits under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978]…
NMSA 1978, § 52-5-12 Payment; periodic or lump sum; settlement
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A. It is stated policy for the administration of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] that it is in the best interest of the injured worker or disabled employee that the worker o…
NMSA 1978, § 52-5-13 Approval of lump sum settlement by workers'
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compensation judge. The lump sum payment agreement entered into between the worker or his dependents and the employer shall be presented to the workers' compensation judge for approval upon a joint petition signed by all parties and verified by the worker or his dependents. The w…
NMSA 1978, § 52-5-14 Order of approval
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A. If the workers' compensation judge finds the lump-sum payment agreement to be fair, equitable and consistent with provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978], he shall a…
