reglab/housing_qa huggingface dataset:
NM Stat § 52-5-14 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-14 - Order of approval.

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 approve the agreement by order, and the order shall not be set aside or modified except as provided in the applicable law. The workers' compensation judge may refuse to approve a settlement if he does not believe that it provides substantial justice to the parties. B. In making lump-sum settlements, the payment due the worker or his dependents shall not be discounted at a greater rate than a sum equal to the present value of all future payments of compensation benefits computed at a five percent discount compounded annually. History: Laws 1986, ch. 22, § 40; 1989, ch. 263, § 82; 1990 (2nd S.S.), ch. 2, § 58. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, deleted the former first sentence of Subsection B regarding compensation converted into lump sum settlement by agreement. Jurisdiction pending appeal. — The workers' compensation division did not have jurisdiction to enter an order of settlement in a case where an appeal was pending. Riesenecker v. Arkansas. Best Freight Sys., 1990-NMCA-100, 110 N.M. 451, 796 P.2d 1147. Approval by workers' compensation judge in accordance with requirements of Subsection A of this section and Section 52-5-13 NMSA 1978 is necessary to assure adherence to the policies established by the legislature favoring periodic payments over lump sum payments, requiring careful effort to assure that a worker or the dependents understand the consequences of replacing periodic payments with a discounted lump sum amount, and assuring that the settlement is fair, equitable, and consistent with the Worker's Compensation Act. Paradiso v. Tipps Equip., 2004-NMCA-009, 134 N.M. 814, 82 P.3d 985, cert. denied, 2004-NMCERT-001. Stipulated compensation order that failed to comply with approval process was invalid and unenforceable. — Where, in 2004, the parties entered into a stipulated compensation order (SCO) to settle a dispute regarding worker's entitlement to workers' compensation benefits as the result of an accident and injuries to worker's back that occurred in 2002, and where there was no hearing by the workers' compensation judge (WCJ) to approve the provisions of the SCO or otherwise confirm worker's knowledge of the partial lump-sum settlement or any of the material facts contained therein, and where, in 2014, employer filed a motion for a supplemental compensation order (MSCO), the WCJ erred in granting the MSCO and in approving the SCO under 52-5-13 and -14 NMSA 1978, because the SCO was not in compliance with 52-5-12(C) NMSA 1978, and therefore the WCJ had no authority to approve the SCO containing a partial lump-sum payment of benefits; the SCO was invalid and unenforceable. Baca v. State, 2017-NMCA-076, cert. denied.
NM Stat § 52-5-15 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-15 - Awards; provisions.

All awards shall be against the employer for the amount then due and shall contain an order upon the employer for the payment to the worker, at regular intervals during the time he is entitled to receive compensation, of the further amounts he is entitled to receive. The awards shall be so framed as to accomplish the purpose and intent of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] in all particulars. History: Laws 1986, ch. 22, § 41; 1989, ch. 263, § 83. ANNOTATIONSInterest on compensation orders. — A review of the Workers' Compensation Act as a whole demonstrates a legislative intent to apply post-judgement interest to final compensation orders. Sanchez v. Siemens Transmission Sys., 1991-NMCA-028, 112 N.M. 236, 814 P.2d 104, rev'd on other grounds, 1991-NMSC-093, 112 N.M. 533, 817 P.2d 726. There was no authorization for the cost of copying charges as "valid expenses." Archuleta v. Safeway Stores, Inc., 1986-NMCA-092, 104 N.M. 769, 727 P.2d 77 (decided under former 52-1-35 NMSA 1978). Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 634 to 640. 100 C.J.S. Workmen's Compensation §§ 638 to 648.
NM Stat § 52-5-16 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-16 - Physical examination of worker; statements regarding dependents.

A. It is the duty of the worker, at the time of his employment or thereafter at the request of the employer, to submit himself to examination by a physician authorized to practice medicine in the state, who shall be paid by the employer, for the purpose of determining the worker's physical condition. B. It is the duty of the worker, if required, to give the employer the names, addresses, relationships and degree of dependency of the worker's dependents, if any, or any subsequent change thereof. When the employer requires, the worker shall make a detailed verified statement relating to such dependents, matters of employment and other information incident thereto. History: Laws 1986, ch. 22, § 42; 1989, ch. 263, § 84.
NM Stat § 52-5-20 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-20 - Notification to employer; penalty.

A. Each insurer, guarantor, surety or group self-insurance administrator shall, on written request of the insured employer, provide the employer with a list of claims made against the employer. The information provided to the employer shall include amounts paid for closed claims, the combined cumulative reserve for all open claims and, if requested, details regarding the treatment and condition of the injured or disabled worker. The employer shall also receive notice of any proposed settlement of any claim against the employer if he so requests in writing. B. Failure to comply with this section may subject the violator to a fine, upon hearing held by the director, of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100). History: 1978 Comp., § 52-5-20, enacted by Laws 1990 (2nd S.S.), ch. 2, § 60. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 60 effective January 1, 1991.
NM Stat § 52-5-21 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-21 - Administration records confidentiality; authorized use.

Except as otherwise provided in this section, unless introduced as evidence in an administrative or judicial proceeding or filed with the clerk of the court as part of an enforcement or compliance proceeding, all records of the administration shall be confidential. Once an accident or disablement occurs, any person who is a party to a claim upon that accident or disablement is entitled to access to all files relating to that accident or disablement and to all files relating to any prior accident, injury or disablement of the worker. Upon the filing of a rejection of a recommended resolution, all records filed with the clerk of the court as part of the judicial proceeding shall be open to the public. History: Laws 1990 (2nd S.S.), ch. 2, § 65; 2001, ch. 87, § 5. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, inserted "Except as otherwise provided in this section" at the beginning of the section; inserted "or filed with the clerk or the court as a part of an enforcement or compliance proceeding" near the middle of the first sentence; deleted "provided, however, that" following "shall be confidential" at the end of the first sentence; and inserted the final sentence. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-5-22 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-22 - Accident and payment reports; penalties.

A. The director shall monitor the accident or disablement and payment reports filed by employers or insurers pursuant to Sections 52-1-58, 52-1-60 and 52-3-51 NMSA 1978. The director shall publish reports on those employers or insurers who are late either in submitting their accident or disablement reports or in making their initial payments on claims. In determining the timeliness of an initial payment on a claim, the director shall consider any initial payment to be late if it is received more than fourteen days after the filing of the report required in Section 52-1-58 or 52-3-51 NMSA 1978. B. The director is authorized to take corrective action to prevent delays from occurring and may impose a penalty upon an employer or insurer who is at fault in causing a late initial payment on a claim. The insurance policy may not provide that any such penalty imposed upon an employer be paid by his insurer. That penalty may be an additional award to the worker who received the late payment of up to one hundred percent of the amount of the initial payment due. History: Laws 1990 (2nd S.S.), ch. 2, § 89. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 89 effective January 1, 1991. Compiler's notes. — Laws 1990 (2nd S.S.), ch. 2, § 89 was not enacted as part of the Workers' Compensation Administration Act but has been compiled here for the convenience of the user.
NM Stat § 52-6-1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-1 - Short title.

Chapter 52, Article 6 NMSA 1978 may be cited as the "Group Self-Insurance Act". History: Laws 1986, ch. 22, § 75; 1990 (2nd S.S.), ch. 2, § 66. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "Chapter 52, Article 6 NMSA 1978" for "Sections 75 through 99 of this act". Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992). Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 465, 466, 675. 100 C.J.S. Workmen's Compensation §§ 354 to 356.
NM Stat § 52-6-3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-3 - Scope.

The provisions of the Group Self-Insurance Act apply to groups. Except as provided by the provisions of that act, groups that are issued a certificate of approval by the director shall not be deemed to be insurers or businesses of insurance and shall not be subject to the provisions of the Insurance Code or other insurance laws and regulations. History: Laws 1986, ch. 22, § 77; 1990 (2nd S.S.), ch. 2, § 68. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "that" for "which" and "director" for "superintendent".
NM Stat § 52-6-4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-4 - Authority to act as a group.

No person, association or other entity shall act as a group unless it has been issued a certificate of approval by the director. History: Laws Laws 1986, ch. 22, § 78; 1990 (2nd S.S.), ch. 2, § 69. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent".
NM Stat § 52-6-6 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-6 - Certificate of approval; termination.

A. The certificate of approval issued by the director to a group authorizes the group to provide workers' compensation and occupational disease disablement benefits. The certificate of approval remains in effect until terminated at the request of the group or revoked by the director, pursuant to provisions of Section 52-6-23 NMSA 1978. B. The director shall not grant the request of any group to terminate its certificate of approval unless the group has insured or reinsured all incurred workers' compensation or occupational disease disablement obligations with an authorized insurer under an agreement filed with and approved in writing by the director. Such obligations shall include both known claims and associated expenses and claims incurred but not reported and associated expenses. C. Subject to approval of the director, a group may merge with another group engaged in the same or similar type of business only if the resulting group assumes in full all obligations of the merging groups. The director may hold a hearing on the merger and shall do so if any party, including a member of either group, so requests. History: Laws 1986, ch. 22, § 80; 1989, ch. 263, § 90; 1990 (2nd S.S.), ch. 2, § 71. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" throughout the section and inserted references to occupational disease disablement in Subsections A and B.
NM Stat § 52-6-7 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-7 - Examinations.

The director may examine the affairs, transactions, accounts, records and assets and liabilities of each group as often as the director deems advisable. The expense of such examinations shall be assessed against the group in the same manner that insurers are assessed for examinations. History: Laws 1986, ch. 22, § 81; 1990 (2nd S.S.), ch. 2, § 72. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" twice in the first sentence.
NM Stat § 52-6-9 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-9 - Group membership; termination; liability.

A. An employer joining a group after the group has been issued a certificate of approval shall: (1) submit an application for membership to the board of trustees or its administrator; and (2) if applicable, enter into the indemnity agreement required by Paragraph (5) of Subsection B of Section 52-6-5 NMSA 1978. Membership takes effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees. B. Individual members of a group shall be subject to cancellation by the group pursuant to the bylaws of the group. In addition, individual members may elect to terminate their participation in the group. The group shall notify the director of the termination or cancellation of a member within ten days and shall maintain coverage of each canceled or terminated member for thirty days after such notice, at the terminating member's expense, unless the group is notified sooner by the director that the canceled or terminated member has procured workers' compensation and occupational disease disablement insurance, has become an approved self-insurer or has become a member of another group. C. The group shall pay all workers' compensation and occupational disease disablement benefits for which each member incurs liability during its period of membership. A private employer member who elects to terminate his membership or is canceled by a group remains jointly and severally liable for workers' compensation and occupational disease disablement obligations of the group and its members that were incurred during the canceled or terminated member's period of membership. D. A group member is not relieved of his workers' compensation or occupational disease disablement liabilities incurred during his period of membership except through payment by the group or the member of required workers' compensation and occupational disease disablement benefits. E. The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any workers' compensation or occupational disease disablement benefits incurred during the insolvent or bankrupt member's period of membership. History: Laws 1986, ch. 22, § 83; 1989, ch. 263, § 91; 1990 (2nd S.S.), ch. 2, § 74. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, throughout the section, substituted "director" for "superintendent", inserted references to occupational disease disablement, and made stylistic changes.
NM Stat § 52-6-10 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-10 - Administrators and service companies; conflicts.

A. Each group shall have an administrator. In providing day-to-day management for the group, the administrator may provide claims adjustment; safety engineering; compilation of statistics and the preparation of premium, loss and tax reports; preparation of other required self-insurance reports; development of members' assessments and fees; and administration of a claim fund. B. Each group may have a service company. The service company may provide services the administrator delegates to it or does not itself provide. C. No service company or its employees, officers or directors shall be an employee, officer or director of, or have either a direct or indirect financial interest in, an administrator for the same group. No administrator or its employees, officers or directors shall be an employee, officer or director of, or have either a direct or indirect financial interest in, a service company for the same group. Nothing in this section shall prohibit an administrator or service company for one group from being an administrator or service company for another group. D. An administrator, officer, trustee or employee of a group or an employee of an administrator shall disclose in writing to the group's board of trustees and director a conflict of interest. For purposes of this subsection, a "conflict of interest" means that a person accepts or is a beneficiary of a fee, brokerage, gift or other thing of value, other than fixed salary or compensation, as consideration for an investment, loan, deposit, purchase, sale, exchange, insurance, reinsurance or other similar transaction made by or for the group, or that a person is financially interested in any capacity in a transaction for the group except on behalf of the group. E. No group shall pay remuneration, compensation or any thing of value to an officer, administrator or director of the group unless the payment has been authorized by the group's board of trustees. F. A service contract shall state that, unless the director permits otherwise, the service company shall handle, to their conclusion, all claims and other obligations incurred during the contract period. History: Laws 1986, ch. 22, § 84; 1990 (2nd S.S.), ch. 2, § 75; 1993, ch. 96, § 1. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, added "Administrators and" at the beginning of the catchline; inserted present Subsections A, B, D, and E, and redesignated former Subsections A and B as present Subsections C and F; and, in Subsection C, added "for the same group" at the end of the first and second sentences, and added the last sentence. The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" in Subsection B.
NM Stat § 52-6-11 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-11 - Licensing of agent.

Except for a salaried employee of a group, its administrator or its service company, any person soliciting membership in a group shall be a licensed solicitor or agent pursuant to the provisions of the Insurance Code. History: Laws 1986, ch. 22, § 85. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.
NM Stat § 52-6-12 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-12 - Financial statements; other reports.

A. Each group shall submit to the director a statement of financial condition audited by an independent certified public accountant on or before the last day of the sixth month following the end of the group's fiscal year. The financial statement shall be on a form prescribed by the director and shall include actuarially appropriate reserves for: (1) known claims and associated expenses; (2) claims incurred but not reported and associated expenses; (3) unearned premiums; and (4) bad debts, which reserves shall be shown as liabilities. An actuarial opinion regarding reserves for: (a) known claims and associated expenses; and (b) claims incurred but not reported and associated expenses shall be included in the audited financial statement. The actuarial opinion shall be given by a member of the American academy of actuaries or other qualified loss reserve specialist as defined in the annual statement adopted by the national association of insurance commissioners. B. The director may prescribe the format and frequency of other reports, which may include payroll audit reports, summary loss reports and quarterly financial statements. History: Laws 1986, ch. 22, § 86; 1990 (2nd S.S.), ch. 2, § 76. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" throughout the section.
NM Stat § 52-6-13 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-13 - Repealed.

History: Laws 1986, ch. 22, § 87; 1987, ch. 145, § 1; repealed by Laws 2021, ch. 65, § 38. ANNOTATIONSRepeals. — Laws 2021, ch. 65, § 38 repealed 52-6-13 NMSA 1978, as enacted by Laws 1986, ch. 22, § 87, relating to premium tax, effective July 1, 2021. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 52-6-14 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-14 - Subsequent injury fund.

A group shall be subject to the provisions of the Subsequent Injury Act. History: Laws 1986, ch. 22, § 88. ANNOTATIONSCompiler's notes. — For the Subsequent Injury Act, see 52-2-1 NMSA 1978 and notes thereto.
NM Stat § 52-6-15 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-15 - Misrepresentation prohibited.

No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of membership of a group. History: Laws 1986, ch. 22, § 89.
NM Stat § 52-6-16 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-16 - Investments.

Funds not needed for current obligations may be invested by the board of trustees in accordance with the provisions of Chapter 59A, Article 9 NMSA 1978 applicable to investments, except that, notwithstanding the provisions of Section 59A-9-18 NMSA 1978: A. the board of trustees may make loans or investments not otherwise expressly permitted under Chapter 59A, Article 9 NMSA 1978, in an aggregate amount not exceeding ten percent of the group's assets and not exceeding two percent of such assets as to any one such loan or investment, provided that such loans and investments do not constitute an amount that is greater than total surplus, if the loan or investment meets the requirements of Section 59A-9-3 NMSA 1978 and by reason of safety of principal and yield otherwise qualifies as a sound investment; and B. the calculation of the group's other loans and investments described in Subsection A of this section shall not include the fair market value of any real property occupied by the group. History: Laws 1986, ch. 22, § 90; 2007, ch. 205, § 1. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, added Subsections A and B.