reglab/housing_qa huggingface dataset:
NM Stat § 52-1-63 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-63 - Educational institutions exempt.

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. ANNOTATIONSBracketed 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.
NM Stat § 52-1-68 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-68 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.

For the purpose of effecting mutually satisfactory reciprocal arrangements with other states respecting extra-territorial jurisdictions, the director of workers' compensation division is empowered to promulgate special and general regulations not inconsistent with the provisions of the Workers' Compensation Act and, with the approval of the governor, to enter into reciprocal agreements with appropriate boards, commissions, officers or agencies of other states having jurisdiction over workers' compensation claims. History: 1953 Comp., § 59-10-33.6, enacted by Laws 1975, ch. 241, § 5; 1989, ch. 263, § 43.
NM Stat § 52-1-69 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-69 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 102 repealed 52-1-69 NMSA 1978, as enacted by Laws 1959, ch. 67, § 29, relating to limitation on filing claims, effective May 21, 1986. For present comparable provisions, see 52-5-18 NMSA 1978.
NM Stat § 52-1-70 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-70 - Offset of unemployment compensation benefits.

A. No total disability benefits shall be payable under the Workers' Compensation Act for any weeks in which the injured worker has received or is receiving unemployment compensation benefits, except as provided in this section. B. If a worker is entitled to receive unemployment compensation benefits and would otherwise be entitled to receive total disability benefits, the unemployment compensation benefits shall be primary and total disability benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disability benefits that would otherwise be payable. History: 1978 Comp., § 52-1-70, enacted by Laws 1987, ch. 235, § 28.
NM Stat § 52-2-1 to 52-2-3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 2 - Subsequent Injuries (Repealed, Recompiled.)|Section 52-2-1 to 52-2-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1996 (1st S.S.), ch. 10, § 5 repealed 52-2-1 NMSA 1978, as enacted by Laws 1961, ch. 134, § 1, the short title section for the Subsequent Injury Act, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-2 and 52-2-3 NMSA 1978, as amended by Laws 1989, ch. 263, §§ 44 and 45, relating to policy, legislative intent and definitions, effective March 29, 1996. For provisions of former sections, see the 1995 NMSA 1978 on NMOneSource.com.
NM Stat § 52-2-3.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 2 - Subsequent Injuries (Repealed, Recompiled.)|Section 52-2-3.1 - Recompiled.

ANNOTATIONSRecompilations. — Section 52-2-3.1 NMSA 1978, relating to definitions of "director" and "hearing officer", was recompiled as 52-1-1.1 NMSA 1978.
NM Stat § 52-2-4 to 52-2-14 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 2 - Subsequent Injuries (Repealed, Recompiled.)|Section 52-2-4 to 52-2-14 - Repealed.

ANNOTATIONSRepeals. — Laws 1996 (1st S.S.), ch. 10, § 5 repealed 52-2-4 and 52-2-5 NMSA 1978, as enacted by Laws 1961, ch. 134, §§ 4 and 5, respectively, relating to the subsequent injury fund, effective July 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-6 to 52-2-9 NMSA 1978, as enacted by Laws 1975, ch. 298, § 2 and Laws 1961, ch. 134, §§ 6, 7 and 9, respectively, relating to certificates of pre-existing permanent physical impairments, restrictions on lump sum payments, collection of money due fund, and compensable injuries, effective March 29, 1996. For provisions of former sections, see the 1995 NMSA 1978 on NMOneSource.com. Laws 1986, ch. 22, § 102 repealed former 52-2-10 NMSA 1978, as enacted by Laws 1961, ch. 134, § 10, relating to certification of employers qualified as self-insured, effective May 21, 1986. Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-11 and 52-2-12 NMSA 1978, as enacted by Laws 1961, ch. 134, §§ 11 and 12, respectively, relating to liability for payment and awards, effective March 29, 1996. For provisions of former sections, see the 1995 NMSA 1978 on NMOneSource.com. Laws 1988, ch. 109, § 8 repealed 52-2-13 NMSA 1978, as enacted by Laws 1961, ch. 134, § 13, relating to determination of rights, effective March 8, 1988. Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-14 NMSA 1978, as enacted by Laws 1988, ch. 109, § 7, relating to the employer's statute of limitations and notice, effective March 29, 1996. For provisions of former sections, see the 1995 NMSA 1978 on NMOneSource.com.
NM Stat § 52-3-3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-3 - Definitions; employee and lessee in mines.

The term "employee" or "worker" as used in the New Mexico Occupational Disease Disablement Law means: A. every person in the service of the state and of a county, municipality or school district, including the regular members of lawfully constituted police and fire departments of municipalities; B. every person in the service of any employer subject to the New Mexico Occupational Disease Disablement Law including aliens and minors legally or illegally permitted to work for hire, but not including a person whose employment is casual and is not in the usual course of the trade, business or occupation of the employer and not including ranching or agricultural workers and domestic servants of employers exempt under Section 52-3-2 NMSA 1978 unless the employer shall so elect; and C. lessees of mining property and their employees who are engaged in the performance of work that is a part of the business conducted by the lessor and over whose work the lessor retains supervision or control are within the meaning of this section employees of such lessor. History: 1941 Comp., § 57-1103, enacted by Laws 1945, ch. 135, § 3; 1953 Comp., § 59-11-3; Laws 1975, ch. 317, § 2; 1990 (2nd S.S.), ch. 2, § 33. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, inserted "or worker" in the introductory undesignated paragraph; substituted "municipality" for "city, town, municipal corporation" and "municipalities" for "cities and towns" in Subsection A; substituted "52-3-2 NMSA 1978" for "59-11-2 NMSA 1953" in Subsection B; and substituted "that" for "which" in Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 255, 256, 257.
NM Stat § 52-3-3.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-3.1 - Recompiled.

ANNOTATIONSRecompilations. — This section, regarding definitions of "director" and "hearing officer", has been recompiled as § 52-1-1.1.
NM Stat § 52-3-5 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-5 - Acceptance.

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 employer of private domestic servants or of an employer of ranching or agricultural laborers or of a person for whom the services of a qualified real estate salesperson are performed exempt from the New Mexico Occupational Disease Disablement Law under the provisions of Section 52-3-2 NMSA 1978 and partners or self-employed persons to be subject to the New Mexico Occupational Disease Disablement Law may be made by filing in the office of the superintendent of insurance a written statement to the effect that he accepts the provisions of the New Mexico Occupational Disease Disablement Law or an insurance or security undertaking as required by Section 52-3-9 NMSA 1978. C. Every employee shall be conclusively presumed to have accepted the provisions of the New Mexico Occupational Disease Disablement Law if his employer is subject to its provisions and has complied with its requirements, including insurance. D. Such compliance with the provisions of the New Mexico Occupational Disease Disablement Law, including the provisions for insurance, shall be construed to be a surrender by the employer and the employee of their rights to any other method, form or amount of compensation or determination thereof or to any cause of action, action at law, suit in equity or statutory or common law right or remedy or proceeding whatever for or on account of such disablement or death of such employee resulting therefrom than as provided in the New Mexico Occupational Disease Disablement Law and shall bind the employee himself and, for compensation for his death, shall bind his personal representative, his surviving spouse and next of kin, as well as the employer and those conducting his business during bankruptcy or insolvency. History: 1941 Comp., § 57-1105, enacted by Laws 1945, ch. 135, § 5; 1953 Comp., § 59-11-5; Laws 1971, ch. 261, § 7; 1972, ch. 65, § 4; 1973, ch. 239, § 2; 1975, ch. 317, § 3; 1980, ch. 88, § 1; 1987, ch. 260, § 3; 1989, ch. 263, § 50; 1990 (2nd S.S.), ch. 2, § 34. ANNOTATIONSCross references. — For when right to compensation exclusive, see 52-3-8 NMSA 1978. The 1990 (2nd S.S.) amendment, effective January 1, 1991, rewrote Subsection A and, in Subsection B, substituted "an employer" for "employers" twice and inserted "for" following "person".
NM Stat § 52-3-6 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-6 - Application of provisions of the New Mexico Occupational 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 employee as defined in the New Mexico Occupational Disease Disablement Law may affirmatively elect not to accept the provisions of the New Mexico Occupational Disease Disablement Law. B. Each employee desiring to affirmatively elect not to accept the provisions of the New Mexico Occupational Disease Disablement Law may do so by filing an election in the office of the director. C. Each employee desiring to revoke his affirmative election not to accept the provisions of the New Mexico Occupational Disease Disablement Law may do so by filing a revocation of the affirmative election with the occupational disease disablement insurer and in the office of the director. The revocation shall become effective thirty days after filing. The employee shall cause a copy of the revocation to be mailed to the board of directors of the business or professional corporation. D. The filing of an affirmative election not to accept the provisions of the New Mexico Occupational Disease Disablement Law shall create a conclusive presumption that such employee is not covered by the New Mexico Occupational Disease Disablement Law until the effective date of a revocation filed pursuant to this section. The filing of an affirmative election not to accept the provisions of the New Mexico Occupational Disease Disablement Law shall apply to all corporations in which the employee has a financial interest. E. In counting the number of workers of an employer to determine whether the employer comes within the New Mexico Occupational Disease Disablement Law, an employee who has filed an affirmative election not to be subject to the New Mexico Occupational Disease Disablement Law shall also be counted as one of the workers employed by such employer. F. For purposes of this section: (1) "executive officer" means the chairman of the board, president, vice president, secretary or treasurer; and (2) "employee" means an executive officer owning ten percent or more of the outstanding stock of the business or professional corporation. History: 1953 Comp., § 59-11-5.1, enacted by Laws 1975, ch. 317, § 4; 1980, ch. 88, § 2; 1987, ch. 235, § 32.
NM Stat § 52-3-7 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-7 - Defenses to action by employee.

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 recovery is sought upon the ground of want of ordinary care of the employer or of the officer, agent or servant of the employer, it shall not be a defense: A. that the employee, either expressly or impliedly assumed the risk of the hazard complained of as due to the employer's negligence; B. that the occupational disease or death was caused, in whole or in part, by the want of ordinary care of a fellow servant; or C. that the occupational disease or death was caused, in whole or in part, by the want of ordinary care of the employee where such want of care was not wilful. Any employer who has complied with the provisions of this act, including the provisions relating to insurance, shall not be subject to any other liability whatsoever for the disablement of or death of any employee from occupational disease, except as in this act provided; and all causes of action, actions at law, suits in equity and proceedings whatever, and all statutory and common-law rights and remedies for and on account of such death of, or occupational disease of, any such employee and accruing to any and all persons whomsoever, are hereby abolished except as in this act provided. History: 1941 Comp., § 57-1106, enacted by Laws 1945, ch. 135, § 6; 1953 Comp., § 59-11-6; Laws 1973, ch. 239, § 3. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and the compiler's notes thereto. The New Mexico Rules of Procedure for the district courts provide that there shall be only one form of action, "civil action." See Rule 1-002 NMRA. Law reviews. — For note, "Comparative v. Contributory Negligence: The Effect of Plaintiff's Fault," see 6 N.M. L. Rev. 171 (1975).
NM Stat § 52-3-8 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-8 - Right to compensation; exclusive when.

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. where at the time of disablement both employer and employee are subject to the provisions of this act; and where the employer has complied with the provisions hereof regarding insurance; B. where at the time of disablement the employee is performing service arising out of and in the course of his employment; C. where the disablement or death is proximately caused by an occupational disease arising out of and in the course of his employment, and is not intentionally self-inflicted. History: 1941 Comp., § 57-1107, enacted by Laws 1945, ch. 135, § 7; 1953 Comp., § 59-11-7. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and the compiler's notes thereto. Disease contracted from pigeons roosting in warehouse. — Where worker was injured and died from psittacosis which worker contracted from exposure to pigeons and pigeon feces in the warehouse where worker was employed as a laborer, while worker was performing the duties that were assigned to worker by the employer during work hours; and there was no evidence that pigeons or psittacosis were incidental to the character of the employer's oilfield supply business or businesses that employ people in warehouses, psittacosis was not a natural incident of employment in the warehouse and worker's injury and death did not fall within the exclusivity provisions of the occupational disease disablement law. Castillo v. Caprock Pipe & Supply, Inc., 2012-NMCA-085, 285 P.3d 1072, cert. denied, 2012-NMCERT-007. Receipt of retirement benefits would not prevent a workman (worker) from receiving occupational disease benefits if disablement has been established. Salazar v. Kaiser Steel Corp., 1973-NMCA-068, 85 N.M. 254, 511 P.2d 580 (Ct. App.), cert. denied, 85 N.M. 229, 511 P.2d 555. Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 C.J.S. Employers' Liability §§ 4 to 11.
NM Stat § 52-3-9 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-9 - Filing insurance under the New Mexico Occupational 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 required by regulation of the director. The required certificate must be provided by an authorized insurer as defined in Section 59A-1-8 NMSA 1978. In case any employer is able to show to the satisfaction of the director that he is financially solvent and that providing insurance coverage is unnecessary, the director shall issue him a certificate to that effect, which shall be filed in lieu of the certificate of insurance. The director shall provide by regulation the procedures for reviewing, renewing and revoking any certificate excusing an employer from filing a certificate of insurance, including provisions permitting the director to condition the issuance of the certificate upon the employer's proving adequate security. B. Any certificate of the director filed under the provisions of this section shall show the post office address of that employer. C. Every contract or policy insuring against liability for workers' occupational disease disablement benefits or certificate that is filed under the provisions of this section shall provide that the insurance carrier or the employer shall be directly and primarily liable to the worker and, in event of his death, his dependents, to pay the compensation for which the employer is liable. D. In the event of an insurance policy cancellation, the occupational disease disablement insurance carrier shall file notice with the director within ten days of such cancellation on a form approved by the director. History: 1978 Comp., § 52-3-9, enacted by Laws 1987, ch. 235, § 33; 1990 (2nd S.S.), ch. 2, § 35. ANNOTATIONSRepeals and reenactments. — Laws 1987, ch. 235, § 33, repealed former 52-3-9 NMSA 1978, as amended by Laws 1986, ch. 22, § 55 and enacted a new section, effective June 19, 1987. The 1990 (2nd S.S.) amendment, effective January 1, 1991, added the second sentence in Subsection A, substituted "that" for "which" following "certificate" in Subsection C, and rewrote Subsection D which formerly pertained to the applicability of the section to localities.
NM Stat § 52-3-9.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-9.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 172, § 4 repealed 52-3-9.1 NMSA 1978, as enacted by Laws 1980, ch. 88, § 4, relating to fee for filing insurance policy or security bond in office of director, effective June 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
NM Stat § 52-3-9.2 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-9.2 - Destruction of policies, bonds and undertakings.

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 policies, certificates, bonds and undertakings. History: 1978 Comp., § 52-3-9.2, enacted by Laws 1980, ch. 88, § 5; 1987, ch. 235, § 35.
NM Stat § 52-3-9.3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-9.3 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 235, § 54B repealed 52-3-9.3 NMSA 1978, as enacted by Laws 1980, ch. 88, § 8, relating to temporary certificates of self-insurance, effective June 19, 1987.
NM Stat § 52-3-11 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-11 - Last employer liable; exception.

Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of employment resulting in such disease, provided that in the case of silicosis or asbestosis the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust or asbestos dust during a period of sixty days or more. History: 1941 Comp., § 57-1111, enacted by Laws 1945, ch. 135, § 11; 1953 Comp., § 59-11-11. ANNOTATIONSWhere radiation injury under penultimate employer was tremendous and under present employer was little, because any amount was injurious, the last (present) employer is liable under this section because all that is required of the last injurious exposure is that it be injurious. McCormick v. United Nuclear Corp., 1976-NMCA-106, 89 N.M. 740, 557 P.2d 589, cert. denied, 90 N.M. 8, 558 P.2d 620. Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 326, 327. 99 C.J.S. Workmen's Compensation § 169.