reglab/housing_qa huggingface dataset:
NM Stat § 52-3-12 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-12 - Not applicable in certain cases.

This act shall not be construed to apply to business 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 are so engaged. History: 1941 Comp., § 57-1112, enacted by Laws 1945, ch. 135, § 12; 1953 Comp., § 59-11-12. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and the compiler's notes thereto. Cross references. — For extraterritorial coverage, see 52-3-55 NMSA 1978.
NM Stat § 52-3-13 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-13 - Dependents defined; determination of.

A. The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of the New Mexico Occupational Disease Disablement Law: (1) a child under eighteen years of age or incapable of self-support and unmarried or under twenty-three years of age if enrolled as a full-time student in any accredited educational institution; (2) the widow or widower, only if living with the deceased at the time of his death or legally entitled to be supported by him, including a divorced spouse entitled to alimony; (3) a parent or grandparent only if actually dependent, wholly or partially, upon the deceased; (4) a grandchild, brother or sister only if under eighteen years of age, or incapable of self-support, and wholly dependent upon the deceased. The relation of dependency must exist at the time of the disablement. (5) questions as to who constitute dependents, and the extent of their dependency, shall be determined as of the date of the disablement and their right to any death benefits shall cease upon the happening of any one of the following contingencies: (a) upon the marriage of the widow or widower; (b) upon a child, grandchild, brother or sister reaching the age of eighteen years, unless at such time said child, grandchild, brother or sister is physically or mentally incapacitated from earnings, or upon a dependent child, grandchild, brother or sister becoming self-supporting prior to attaining said age, or, if a child, grandchild, brother or sister over eighteen who is enrolled as a full-time student in any accredited educational institution ceases to be so enrolled or reaches the age of twenty-three. A child, grandchild, brother or sister who originally qualified as a dependent by virtue of being less than eighteen years of age may, upon reaching age eighteen, continue to qualify if physically or mentally incapable of self-support and actually dependent or enrolled in an educational institution; (c) upon the death of any dependent. B. As used in this section the term "child" includes stepchildren, adopted children, posthumous children, wholly dependent grandchildren and acknowledged illegitimate children, but does not include married children unless dependent. The words "adopted" and "adoption" as used in the New Mexico Occupational Disease Disablement Law shall include cases where persons are treated as adopted as well as those of legal adoption. History: 1941 Comp., § 57-1113, enacted by Laws 1945, ch. 135, § 13; 1953 Comp., § 59-11-13; Laws 1965, ch. 299, § 1; 1973, ch. 46, § 1; 1977, ch. 276, § 1. ANNOTATIONSCompiler's notes. — It appears that Paragraph (5) of Subsection A is not actually a part of Subsection A, but it has been so designated because it is set out in the acts in such manner.
NM Stat § 52-3-16 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-16 - Claim to be filed for occupational disease disablement benefits; effect of failure to give required notice or to file claim within time allowed.

A. If any employer or his insurer fails or refuses to pay a worker any installment of benefits to which the worker is entitled under the New Mexico Occupational Disease Disablement Law, after notice has been given as required by Section 52-3-19 NMSA 1978, it is the duty of the worker insisting on the payment of benefits to file a claim therefor as provided in the New Mexico Occupational Disease Disablement Law not later than one year after the failure or refusal of the employer or insurer to pay benefits. B. If the worker fails to give notice in the manner and within the time required by Section 52-3-19 NMSA 1978 or if the worker fails to file a claim for benefits within the time required by this section, his claim for benefits, all his right to the recovery of benefits and the bringing of any proceeding for the recovery of compensation are forever barred. C. In case of the death of a worker who would have been entitled to receive benefits if death had not occurred, claim for benefits may be filed on behalf of his eligible dependents to recover benefits from the employer or his insurer. D. Payment may be received or claim filed by any person whom the court may authorize or permit on behalf of the eligible beneficiaries. E. No claim shall be filed, however, to recover benefits for the death of the worker unless he or someone on his behalf or on behalf of his eligible dependents has given notice in the manner and within the time required by Section 52-3-19 NMSA 1978 and unless the claim is filed within one year from the date of the worker's death. History: 1953 Comp., § 59-11-15.1, enacted by Laws 1965, ch. 299, § 4; 1986, ch. 22, § 58; 1989, ch. 263, § 52. ANNOTATIONSRequirement that written claim be filed within 90 days is mandatory. Holman v. Oriental Refinery, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471 (decided under former law). No provision for extension of time limit to file claim. — Section 37-1-17 NMSA 1978 prohibits Section 37-1-14 NMSA 1978 from applying in workmen's (workers') compensation and occupational disablement cases, since the Workmen's (Workers') Compensation Act and the Occupational Disablement Law contain specific statutes of limitations in Section 52-1-31 NMSA 1978 and this section, and neither act provides a saving clause allowing for an extension of the specified time limit for filing a claim. Ortega v. Shube, 1979-NMCA-130, 93 N.M. 584, 603 P.2d 323, overruled on other grounds by Bracken v. Yates Petroleum Corp., 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155.
NM Stat § 52-3-18 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-18 - Determination by worker's compensation division of the labor department.

All issues of fact or law arising under the New Mexico Occupational Disease Disablement Law shall be determined by the worker's compensation division of the labor department pursuant to the provisions of Chapter 52 NMSA 1978. History: 1953 Comp., § 59-11-16, enacted by Laws 1965, ch. 299, § 5; 1986, ch. 22, § 60; 1987, ch. 342, § 29. ANNOTATIONSApplication of rules of procedure. — Language in this section is comparable to Section 52-1-34 NMSA 1978 (repealed) of the present Workmen's (Workers') Compensation Law and under the rules noted above requires application of the rules of civil procedure in cases arising under the Occupational Disease Disablement Law unless not reasonable to do so. Holman v. Oriental Refinery, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471 (decided under former law). Relation back of amended complaint. — All that is required by Section 52-3-42 NMSA 1978 is the timely filing of a complaint. As noted, this section provides that this may be done informally, but so long as facts are pleaded from which the employee's rights may be determined, defects may be corrected. An amended claim may relate back to the date of the original claim if such amended claim arose out of the same conduct, transaction or occurrence as the claim set forth in the original complaint. If it did, it will be related back to the date of the filing of the original complaint. Holman v. Oriental Refinery, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471.
NM Stat § 52-3-20 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-20 - Payment of benefits in installments.

Benefits 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 twice a month at intervals not more than sixteen days apart, in sums as nearly equal as possible, except as provided in Section 52-5-12 NMSA 1978. History: 1953 Comp., § 59-11-16.2, enacted by Laws 1965, ch. 299, § 7; 1989, ch. 263, § 55; 1993, ch. 193, § 6; 2003, ch. 259, § 7. ANNOTATIONSCross references. — For payment of compensation benefits; installments, see 52-1-30 NMSA 1978. The 2003 amendment, effective June 20, 2003, substituted "the worker has missed seven days of lost time from work, whether or not the days are consecutive" for "the filing of the report required in Section 52-3-51 NMSA 1978" at the end of the first sentence and added "except as provided in Section 52-5-12 NMSA 1978" at the end of the section. The 1993 amendment, effective June 18, 1993, in the second sentence, substituted "fourteen" for "thirty one" and "filing of the report required in Section 52-3-51 NMSA 1978" for "date of occurrence of the disablement".
NM Stat § 52-3-21 to 52-3-24 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-21 to 52-3-24 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 102 repealed 52-3-21 through 52-3-24 NMSA 1978, as enacted by Laws 1965, ch. 299, relating to the filing and trial of claims, effective May 21, 1986. For present comparable provisions, see 52-3-18 NMSA 1978.
NM Stat § 52-3-25 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-25 - Effect of failure of worker to file claim by reason of conduct of employer.

The failure of any person entitled to benefits under the New Mexico Occupational Disease Disablement Law to give any notice or file any claim within the time fixed by that law shall not deprive the person of the right to benefits where the failure was caused in whole or in part by the conduct of the employer or insurer which reasonably led the person entitled to compensation to believe the benefits would be paid. History: 1953 Comp., § 59-11-16.7, enacted by Laws 1965, ch. 299, § 12; 1986, ch. 22, § 61; 1989, ch. 263, § 56. ANNOTATIONSCross references. — For effect of failure to give required notice or to file claim within time allowed, see 52-3-16 NMSA 1978. For effect of failure of employee to file claim or bring suit by reason of conduct of employer, see 52-3-50 NMSA 1978. Company closing office. — This section is not applicable where no evidence appears in the record that defendant company's conduct in closing the tunnel office without knowledge of any claim of plaintiff led plaintiff to believe his compensation would be paid. Sanchez v. Azotea Contractors, 1973-NMCA-039, 84 N.M. 764, 508 P.2d 34.
NM Stat § 52-3-26 to 52-3-30 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-26 to 52-3-30 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 102 repealed former 52-3-26 through 52-3-30 NMSA 1978, relating to judgment, appeals, and venue of claims, effective May 21, 1986. For present comparable provisions, see 52-3-18 NMSA 1978.
NM Stat § 52-3-31 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-31 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 153, § 1, repealed 52-3-31 NMSA 1978, relating to disablement or death payment due to silicosis or asbestosis. Laws 1983, ch. 153, contained no effective date provision, but was enacted at the session which adjourned on March 19, 1983. See N.M. Const., art. IV, § 23.
NM Stat § 52-3-34 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-34 - When complicated with other diseases; payments.

In cases of disablement or death from silicosis, complicated with tuberculosis of the lungs, compensation shall be payable as for disablement or death from silicosis alone. In case of disablement or death from silicosis when complicated with any disease other than tuberculosis of the lungs, compensation shall be reduced as provided in Section 30 [52-3-43 NMSA 1978]. History: 1941 Comp., § 57-1121, enacted by Laws 1945, ch. 135, § 21; 1953 Comp., § 59-11-22. ANNOTATIONS
NM Stat § 52-3-35 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-35 - Termination of compensation; reopening award; time; limits.

Payment of compensation for disablement shall cease upon the termination of the disablement. An application to terminate compensation awarded may be made to the director by any person in interest, or the termination may be decided by the workers' compensation judge upon his own motion. Notice of decision as to termination shall be given by the workers' compensation judge to all parties in interest. Where the disablement has terminated and within one year thereafter, or in case of silicosis or asbestosis within two years, the disablement recurs as a result of the occupational disease for which the award was made, the workers' compensation judge may order resumption of compensation if claim therefor is made within sixty days after the recurrence of the disablement. History: 1941 Comp., § 57-1122, enacted by Laws 1945, ch. 135, § 22; 1953 Comp., § 59-11-23; Laws 1986, ch. 22, § 62; 1989, ch. 263, § 58. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 101 C.J.S. Workmen's Compensation § 837.
NM Stat § 52-3-36 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-36 - Conversion to lump-sum payment.

The workers' compensation judge may approve an agreement for the conversion of disease disablement benefits into a lump-sum payment. History: 1978 Comp., § 52-3-36, enacted by Laws 1987, ch. 235, § 39; 1989, ch. 263, § 59.
NM Stat § 52-3-37 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-37 - Compensation exempt from execution.

Compensation shall be exempt from claims of creditors and from any attachment, garnishment or execution, and shall be paid only to such claimant or his personal representative, or such other persons as the court may, under the terms hereof, appoint to receive or collect the same. No claim or judgment for compensation, under this act, shall accrue to or be recovered by relatives or dependents not residents of the United States. History: 1941 Comp., § 57-1124, enacted by Laws 1945, ch. 135, § 24; 1953 Comp., § 59-11-25. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and the compiler's notes thereto. Cross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 52-3-38 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-38 - Minor deemed sui juris.

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 worker, but in the event of the approval of an agreement for lump sum settlement of compensation to the minor, the sum shall be paid only to the legally appointed guardian of the minor. History: 1941 Comp., § 57-1125, enacted by Laws 1945, ch. 135, § 25; 1953 Comp., § 59-11-26; Laws 1989, ch. 263, § 60. ANNOTATIONS
NM Stat § 52-3-40 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-40 - Autopsy in death claims.

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 judge. Any interested person may designate a licensed physician to attend the autopsy, and the findings of the person performing the autopsy shall be filed with the workers' compensation judge and be a public record. All proceedings for compensation shall be suspended upon the refusal of a claimant or claimants to permit the autopsy when so ordered. B. When an autopsy has been performed pursuant to any order of the workers' compensation judge, no cause of action therefor shall be against any person, firm or corporation participating in or requesting the autopsy. History: 1941 Comp., § 57-1127, enacted by Laws 1945, ch. 135, § 27; 1953 Comp., § 59-11-28; reenacted by Laws 1986, ch. 22, § 64; 1989, ch. 263, § 62. ANNOTATIONSCross references. — For the New Mexico Occupational Disease Disablement Law, see 52-3-1 NMSA 1978 and compiler's notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 605. 100 C.J.S. Workmen's Compensation § 458.
NM Stat § 52-3-41 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-41 - Absence; employee to give notices of.

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 from the attending physician setting forth the exact nature of the disablement and the condition of the employee with a statement of the probable length of time the disablement will continue. The director may, after the receipt of the request and certificate, consent that the employee leave the locality and give notice thereof to the employer. Otherwise, no compensation shall be paid during such absence. The director shall have the authority to order any employee to return for treatment or further examination to the locality in which he was employed, and in the event of noncompliance with the order, no further payments of compensation shall be made by the employer. History: 1941 Comp., § 57-1128, enacted by Laws 1945, ch. 135, § 28; 1953 Comp., § 59-11-29; Laws 1986, ch. 22, § 65. ANNOTATIONS
NM Stat § 52-3-42 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-42 - Limitation on filing of claims; rights barred unless timely 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 claim is made by an employee and based upon silicosis, asbestosis, poisoning by benzol or its poisonous derivatives or any other disease except as provided in this section, it must be filed within one year from the date of the beginning of disablement of the employee; but B. in cases involving radiation injury or disability, the one-year period for filing claims shall not begin to run until the employee: (1) sustains such injury or disability; and (2) knows or by the exercise of reasonable diligence should know of the existence of the injury or disability and its possible relationship to his employment; C. if the claim is made by a dependent of an employee and based upon death resulting from an occupational disease, it must be filed within one year after the date of death of the employee; and D. in the event that after disablement or death the employer or his surety has commenced the payment of benefits hereunder, without a claim being filed therefor, the times provided in Subsections A, B and C of this section shall not begin to run until thirty-one days after the employer or surety discontinues the payment of compensation. History: 1953 Comp., § 59-11-30, enacted by Laws 1965, ch. 299, § 18; 1971, ch. 261, § 11; 1986, ch. 22, § 66; 1989, ch. 263, § 63. ANNOTATIONSRelation back of amended complaint. — All that is required by this section is the timely filing of a complaint. As noted, Section 52-3-18 NMSA 1978 provides that this may be done informally, but so long as facts are pleaded from which the employee's rights may be determined, defects may be corrected. An amended claim may relate back to the date of the original claim if such amended claim arose out of the same conduct, transaction or occurrence as the claim set forth in the original complaint. If it did, it will be related back to the date of the filing of the original complaint. Holman v. Oriental Refinery, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471. Limitation on silicosis claim. — Surviving spouse's claim for death benefits, filed, pursuant to Subsection C, within one year after her husband died of silicosis, was untimely under Section 52-3-10B(3) NMSA 1978, where her husband died sixteen years after the date of his last employment. Tapia v. Springer Transf. Co., 1987-NMCA-089, 106 N.M. 461, 744 P.2d 1264, cert. denied, 106 N.M. 405, 744 P.2d 180. Am. Jur. 2d, A.L.R. and C.J.S. references. — When statute of limitations begins to run as to cause of action for development of latent industrial or occupational disease, 1 A.L.R.4th 117. 100 C.J.S. Workmen's Compensation § 468(8).