reglab/housing_qa huggingface dataset:
NM Stat § 52-3-43 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-43 - When occupational disease aggravated by other diseases.

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 compensation payable under this act shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disablement or death, as such occupational disease as a causative factor bears to all the causes of such disablement or death, such reduction to be effected by reducing the number of weekly payments. History: 1941 Comp., § 57-1130, enacted by Laws 1945, ch. 135, § 30; 1953 Comp., § 59-11-31. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and compiler's notes thereto. Reduction in benefits provided for by this section is for occupational disease aggravated by other disease or infirmity "not itself compensable" and for "other cause not itself compensable" which is aggravated by an occupational disease. Vincent v. United Nuclear-Homestake Partners, 1976-NMCA-105, 89 N.M. 704, 556 P.2d 1180, cert. denied, 90 N.M. 7, 558 P.2d 619. Benefits awarded for psychological symptoms. — An award of benefits for "depression," the effect of toxic solvent syndrome, was not error. This section applies only when a worker's occupational disease either aggravates or is aggravated by a noncompensable disease. Benefits can be awarded however, for psychological symptoms of a compensable disease. Bryant v. Lear Siegler Mgmt. Servs. Corp., 1993-NMCA-052, 115 N.M. 502, 853 P.2d 753, cert. denied, 115 N.M. 535, 854 P.2d 362. Am. Jur. 2d, A.L.R. and C.J.S. references. — 99 C.J.S. Workmen's Compensation § 298.
NM Stat § 52-3-44 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-44 - No liability prior to effective date.

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, enacted by Laws 1945, ch. 135, § 31; 1953 Comp., § 59-11-32. ANNOTATIONSCompiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and compiler's notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 99 C.J.S. Workmen's Compensation § 21.
NM Stat § 52-3-45.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-45.1 - Unfair claim-processing practices; bad faith.

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 director may also investigate allegations of unfair claim processing or bad faith on his own initiative. B. If unfair claim processing or bad faith has occurred in the handling of a particular claim, the claimant shall be awarded, in addition to any benefits due and owing, a benefit penalty not to exceed twenty-five percent of the benefit amount ordered to be paid. C. If an employer, insurer or claim-processing representative has a history or pattern of repeated unfair claim-processing practices or bad faith, the director or a workers' compensation judge may impose a civil penalty of up to one thousand dollars ($1,000) for each violation. The civil penalty shall be deposited in the workers' compensation administration fund. D. Any person aggrieved by an order under this section may request a hearing pursuant to the New Mexico Occupational Disease Disablement Law. E. The director shall adopt by regulation definitions of unfair claim-processing practices and bad faith. F. This section shall not be construed as limiting or interfering with the authority of the superintendent of insurance as provided by law to regulate any insurer, including his jurisdiction over unfair claim settlement practices. History: Laws 1990 (2nd S.S.), ch. 2, § 44. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 44 effective January 1, 1991.
NM Stat § 52-3-45.2 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-45.2 - Retaliation against employee seeking benefits; civil 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 benefits. B. Any person who discharges a worker in violation of Subsection A of this section shall rehire that worker pursuant to the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law, provided the worker agrees to be rehired. C. The director or a workers' compensation judge shall impose a civil penalty of up to five thousand dollars ($5,000) for each violation of the provisions of Subsection A or B of this section. D. The civil penalty shall be deposited in the workers' compensation administration fund. History: Laws 1990 (2nd S.S.), ch. 2, § 47. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 47 effective January 1, 1991.
NM Stat § 52-3-45.3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-45.3 - False statements or representations with regard to 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 Disablement Law if: (1) the worker knowingly and willfully concealed information or made a false representation of his medical condition; (2) the employer: (a) was not aware of the concealed information that, if known, would have been a substantial factor in the initial or continued employment of the worker; or (b) relied upon the false representation, and this reliance was a substantial factor in the initial or continued employment of the worker; and (3) a medical condition that was concealed or falsely represented substantially contributed to the disablement. B. The provisions of this section do not apply unless, in the written questionnaire, the employer clearly and conspicuously discloses that the worker shall be entitled to no future compensation benefits if he knowingly and willfully conceals or makes a false representation about the information requested. C. Nothing in this section shall be construed to deny or limit compensation benefits paid or being paid for prior disablements. D. This section shall apply only prospectively. It shall not alter, as to prior reports, the law governing questionnaires and information reported that was in effect prior to the effective date of this section. History: Laws 1990 (2nd S.S.), ch. 2, § 46. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 46 effective January 1, 1991.
NM Stat § 52-3-45.4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-45.4 - Compensation benefits limit.

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 benefits under the New Mexico Occupational Disease Disablement Law shall accordingly be reduced, if necessary, to account for any wages and employer-financed disability benefits a worker receives after the time of disablement. For the purposes of this section, total payments shall be determined on an after-tax basis. This section does not apply to social security payments, employee-financed disability benefits, benefits or payments a worker received from a prior employer, payments for medical or related expenses or general retirement payments, except it does apply to disability retirement benefits. B. This section shall only apply to disablements that occur after the effective date of this section; it shall not reduce benefits received or due or affect the benefits due for disablements that occur before the effective date of this section. History: Laws 1990 (2nd S.S.), ch. 2, § 45. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 45 effective January 1, 1991. Compiler's notes. — The phrase "effective date of this section", referred to in Subsection B, means January 1, 1991, the effective date of Laws 1990 (2nd S.S.), ch. 2, § 45.
NM Stat § 52-3-46 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-46 - Compensation limited to Occupational Disease 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 compensation be payable under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] for any occupational disease. History: 1941 Comp., § 57-1133, enacted by Laws 1945, ch. 135, § 33; 1953 Comp., § 59-11-34; Laws 1973, ch. 239, § 8; 1989, ch. 263, § 64. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — When time period commences as to claim under workers' compensation or occupational diseases act for death of worker due to contraction of disease, 100 A.L.R.5th 567.
NM Stat § 52-3-48 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-48 - Employee to submit to examination and give information 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 the purpose of determining his physical condition. B. It is also the duty of the employee if requested by his employer to give the names, addresses, relationship and degree of dependency of his dependents, if any, or any subsequent change thereof to the employer, and when the employer or his insurance carrier requires, the employee shall make a detailed verified statement relating to such dependents, matters of employment and other information incident thereto. C. It is also the duty of the employee, if requested by the employer or his insurance carrier, to make a detailed verified statement as part of an application for employment disclosing specifically a pre-existing permanent physical impairment as that term is defined in Section 52-2-6 NMSA 1978. History: 1941 Comp., § 57-1135, enacted by Laws 1945, ch. 135, § 35; 1953 Comp., § 59-11-36; 1987, ch. 235, § 42. ANNOTATIONSCompiler's notes. — Section 52-2-6 NMSA 1978, referred to in Subsection C, was repealed by Laws 1996 (1st S.S.), ch. 10, § 4, effective March 29, 1996.
NM Stat § 52-3-49.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-49.1 - Rehiring of disabled workers.

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 modified job similar to the pre-disablement job, subject to the following conditions: (1) the worker's treating health care provider certifies that the worker is fit to carry out the pre-disablement job or modified work similar to the pre-disablement job without significant risk of repeating or compounding the disablement; and (2) the employer has the pre-disablement job or modified work available. B. If an employer is hiring, that employer shall offer to rehire a worker who applies for any job that pays less than the pre-disablement job and who has stopped working due to a disablement for which he has received, or is due, benefits under the New Mexico Occupational Disease Disablement Law, provided that the worker is qualified for the job and provided that the worker's treating health care provider certifies that the worker is fit to carry out the job offered. Occupational disease disablement benefits of a worker hired pursuant to this subsection shall be reduced as provided in Section 52-1-25.1 NMSA 1978. C. As used in this section, "rehire" includes putting the disabled worker back to active work, regardless of whether he was carried on the employer's payroll during the period of his inability to work. History: Laws 1990 (2nd S.S.), ch. 2, § 48. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 48 effective January 1, 1991.
NM Stat § 52-3-50 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-50 - Effect of failure of employee to file claim by reason of 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 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 compensation would be paid. History: 1941 Comp., § 57-1137, enacted by Laws 1945, ch. 135, § 37; 1953 Comp., § 59-11-38; Laws, 1986, ch. 22, § 69. ANNOTATIONSCross references. — For effect of failure of workman (worker) to file claim or bring suit by reason of conduct of employer, see 52-3-25 NMSA 1978.
NM Stat § 52-3-51 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-51 - Reports to be filed with director.

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 that may be filed by any of his employees during the course of their employment. A copy of the report shall be sent by the employer to the worker. Such reports shall be made within ten days after the employer has received notice from the employee of the disablement and upon forms to be furnished by the director containing such information as he may require. Upon request of the director, it is also the duty of the employer or the employer's insurance carrier to file with the director closing reports upon the closing of a claim upon forms approved by the director. History: 1941 Comp., § 57-1138, enacted by Laws 1945, ch. 135, § 38; 1953 Comp., § 59-11-39; Laws 1986, ch. 22, § 70; 1987, ch. 235, § 43; 1990 (2nd S.S.), ch. 2, § 40. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "that" for "which" in the first sentence, and added the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 101 C.J.S. Workmen's Compensation § 915.
NM Stat § 52-3-52 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-52 - Notice to director.

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 Disablement Law has been made, within ten days after such payment. B. The director shall provide on a quarterly basis to the child support enforcement bureau of the human services department the name, social security number, home address and employer of all disabled workers reported. History: 1941 Comp., § 57-1139, enacted by Laws 1945, ch. 135, § 39; 1953 Comp., § 59-11-40; Laws 1986, ch. 22, § 71; 1990 (2nd S.S.), ch. 2, § 41. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, designated the preexisting text as Subsection A, substituting therein "any claim for benefits" for "compensation", and added Subsection B.
NM Stat § 52-3-53 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-53 - Penalties.

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 Occupational Disease Disablement Law, the penalty shall be a fine of not less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000), subject to the director's discretion. History: 1978 Comp., § 52-3-53, enacted by Laws 1990 (2nd S.S.), ch. 2, § 42. ANNOTATIONSRepeals and reenactments. — Laws 1990 (2nd S.S.), ch. 2, § 42, repealed former 52-3-53 NMSA 1978, as amended by Laws 1986, ch. 22, § 72, and enacted a new section, effective January 1, 1991.
NM Stat § 52-3-54 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-54 - Director to enforce the New Mexico Occupational Disease 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 Law fails to comply with Section 52-3-9 NMSA 1978 relating to the filing of an undertaking in the nature of insurance or security for the payment of benefits under the New Mexico Occupational Disease Disablement Law, the director is hereby empowered to institute in his own name an action in the district court of Santa Fe county or the county wherein the employer resides or has his principal office or place of business to enjoin the employer from continuing his business operations until he has complied with the provisions of Section 52-3-9 NMSA 1978, and upon a showing of the facts above recited, the court shall grant the injunction. In any such action, the attorney general or district attorney for the judicial district wherein the action is brought shall represent the director. History: 1941 Comp., § 57-1141, enacted by Laws 1945, ch. 135, § 41; 1953 Comp., § 59-11-42; Laws 1986, ch. 22, § 73. ANNOTATIONS
NM Stat § 52-3-55 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-55 - Extraterritorial coverage.

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 Law had such disease occurred within this state, such employee, or in the event of his death resulting from such disease his dependents, shall be entitled to the benefits provided by this act [52-3-55 to 52-3-59 NMSA 1978], provided that at the time of such disease: A. his employment is principally localized in this state; B. he is working under a contract of hire made in this state in employment not principally localized in any state; C. he is working under a contract of hire made in this state in employment principally localized in another state whose occupational disease disablement law is not applicable to his employer; or D. he is working under a contract of hire made in this state for employment outside the United States and Canada. History: 1953 Comp., § 59-11-43, enacted by Laws 1975, ch. 268, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 87 Am. Jur. 2d Workmen's Compensation §§ 84 to 88. 99 C.J.S. Workmen's Compensation §§ 23 to 25.
NM Stat § 52-3-56 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-56 - Credit for benefits furnished or paid under laws of other 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 to 52-3-59 NMSA 1978] shall not be a bar to a claim for benefits under this act; provided that claim under this act is filed within one year after such occupational disease. If compensation is paid or awarded under this act: A. the medical and related benefits furnished or paid for by the employer under such other occupational disease disablement law on account of such occupational disease shall be credited against the medical and related benefits to which the employee would have been entitled under this act had claim been made solely under this act; B. the total amount of all income benefits paid or awarded the employee under such other occupational disease disablement law shall be credited against the total amount of income benefits which would have been due the employee under this act, had claim been made solely under this act; and C. the total amount of death benefits paid or awarded under such other occupational disease disablement law shall be credited against the total amount of death benefits due under this act. History: 1953 Comp., § 59-11-43.1, enacted by Laws 1975, ch. 268, § 2.