reglab/housing_qa huggingface dataset:
NM Stat § 51-1-57 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-57 - Amnesty.

A. The secretary shall establish a tax amnesty program for all employers owing any contributions or payments in lieu of contributions. Notice of the tax amnesty program shall be provided to each known delinquent employer. Such notice shall specify the amount of known delinquency and the taxable period for which amnesty may be sought. B. The amnesty program shall be conducted from the period July 1, 1991 through September 30, 1991. C. The amnesty program shall provide that upon written application by any employer and payment by such employer of all contributions or payments in lieu of contributions for any taxable period ending prior to July 1, 1990, the collection of interest and penalties shall be waived. Amnesty shall be granted only to those employers applying for amnesty during the period July 1, 1991 through September 30, 1991 who pay all contributions or payments in lieu of contributions due and file all delinquent quarterly wage and contribution reports. Failure to pay all contributions or payments in lieu of contributions due at the time of application and failure to file all delinquent quarterly wage and contribution reports at the time of application shall invalidate any amnesty granted. Amnesty shall be granted only for the periods specified in this section and only if all amnesty provisions are satisfied by the employer. History: 1978 Comp., § 51-1-57, enacted by Laws 1991, ch. 122, § 12.
NM Stat § 51-1-58 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-58 - Conformity with federal laws.

If any provisions of this chapter are determined to be in nonconformity with federal statutes, as determined by the United States secretary of labor or his designee, the secretary, with the approval of the governor, is authorized to administer the state law to conform with any mandatory conformity provisions of the federal statutes until such time as the legislature meets in its next regular session and has an opportunity to amend the state law. History: 1978 Comp., § 51-1-58, enacted by Laws 1993, ch. 209, § 8.
NM Stat § 52-1-1.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-1.1 - Definitions.

As used in Chapter 52, Articles 1 through 6 NMSA 1978: A. "controlled insurance plan" means a plan of insurance coverage that is established by an owner or principal contractor that requires participation by contractors or subcontractors who are engaged in the construction project, including coverage plans that are for a fixed term of coverage on a single construction site; B. "director" means the director of the workers' compensation administration; C. "division" means the workers' compensation administration; D. "extra-hazardous employer" means an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry; E. "rolling wrap-up or consolidated insurance plan" means coverage for an ongoing project or series of projects in which the common insurance program remains in place indefinitely and contracted work is simply added as it occurs under the control of one owner or principal contractor; F. "workers' compensation judge" means an individual appointed by the director to act as a workers' compensation judge in the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law; G. "workman" or "workmen" means worker or workers; H. "Workmen's Compensation Act" means the Workers' Compensation Act; and I. "workmen's compensation administration" or "administration" means the workers' compensation administration. History: Laws 1986, ch. 22, § 26; 1987, ch. 235, § 2; 1989, ch. 263, § 2; 1990 (2nd S.S.), ch. 2, § 1; 2003, ch. 259, § 1; 2003, ch. 263, § 1; 2013, ch. 134, § 1. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, defined "extra-hazardous employer"; and added Subsection D. The 2003 amendment, effective June 20, 2003, added new Subsections A and D, which defined "controlled insurance plan" and "rolling wrap-up or consolidated insurance plan" and redesignated the prior subsections accordingly. The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "workers' compensation administration" for "workers' compensation division of the labor department" in Subsection A; added present Subsection B; redesignated former Subsections B through E as Subsections C through F; and substituted present Subsection F for the former subsection which read "'workmen's compensation administration' means workers' compensation division of the labor department".
NM Stat § 52-1-3.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-3.1 - Public employee.

A. As used in the Workers' Compensation Act, unless otherwise provided, "public employee" means any person receiving a salary from, and acting in the service of, the state or any county, municipality, school district, drainage, irrigation or conservancy district, public institution or administrative board, including elected or appointed public officers. B. "Public employee" includes an unpaid health professional deployed by the department of health within New Mexico in response to a declared public emergency or public health emergency or deployed by the department of health outside New Mexico in response to a request for emergency health personnel made pursuant to the Emergency Management Assistance Compact [12-10-14, 12-10-15 NMSA 1978]; provided that, for purposes of the Workers' Compensation Act: (1) the department of health shall be considered to be the employer of the person; (2) the person's average weekly wage, for the purpose of calculating compensation, shall be considered to be the average weekly wage for similar services performed by paid workers in like employment; and (3) the person shall not be considered an employee in the calculation of any fee pursuant to Section 52-5-19 NMSA 1978. C. "Public employee" does not include an independent contractor. History: 1978 Comp., § 52-1-3.1, enacted by Laws 1979, ch. 199, § 2; 1989, ch. 263, § 3; 2007, ch. 328, § 1. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, added Subsection B.
NM Stat § 52-1-4.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-4.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 172, § 4 repeals 52-1-4.1 NMSA 1978, enacted by Laws 1979, ch. 368, § 2 and as amended by Laws 1987, ch. 235, § 6, relating to fee for filing insurance policy in office of director, effective June 1, 1999.
NM Stat § 52-1-5 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-5 - Destruction of policies, bonds and undertakings.

From and after the expiration of three years following the date of filing of any insurance policy or certificate thereof, bond or undertaking, pursuant to the provisions of Section 52-1-4 NMSA 1978, the director may, in his discretion, authorize the destruction of such insurance policies, certificates, bonds and undertakings. History: 1953 Comp., § 59-10-3.1, enacted by Laws 1955, ch. 137, § 1; 1965, ch. 255, § 2; 1979, ch. 368, § 3; 1987, ch. 235, § 7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 464, 675.
NM Stat § 52-1-6.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-6.1 - Worker's compensation; definition.

For the purposes of Section 52-1-6 NMSA 1978 "farm and ranch laborers" shall include those persons providing care for animals in training for the purpose of competition or competitive exhibition. Employees of a veterinarian and laborers at a treating facility or a facility used solely for the boarding of animals, which is not an intrinsic part of a farm or ranch operation, are not covered by this provision. History: Laws 1984, ch. 127, § 988.3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 128, 129, 161.
NM Stat § 52-1-10.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-10.1 - Allocation of fault; reimbursement.

Notwithstanding anything in the worker's compensation law to the contrary, if the fault of the worker's employer or those for whom the employer is legally responsible, other than the injured worker, is found to have proximately caused the worker's injury, the employer's right to reimbursement from the proceeds of the worker's recovery in any action against any wrongdoer shall be diminished by the percentage of fault, if any, attributed to the employer or those for whom the employer is responsible, other than the injured worker. History: Laws 1987, ch. 141, § 4. ANNOTATIONSApplicability. — Laws 1987, ch. 141, § 5 provided that the act apply to all civil actions initially filed on and after July 1, 1987. This section governs only the employer's right to reimbursement, and has no bearing on a case where the worker is claiming workers' compensation benefits. Apodaca v. Formwork Specialists, 1990-NMCA-102, 110 N.M. 778, 800 P.2d 212, cert. denied, 110 N.M. 749, 799 P.2d 1121, overruled on other grounds by Montoya v. AKAL Sec., Inc., 1992-NMSC-056, 114 N.M. 354, 838 P.2d 971. Proximate cause not found. — The appellate court affirmed the judge's rejection of the worker's requested findings that the employer's negligence was a proximate cause of the worker's injury and that the worker was not made financially whole by a recovery in a products liability action against a third-party, since the employer could not have been liable under products liability theory. Trujillo v. Sonic Drive-In/Merritt, 1996-NMCA-106, 122 N.M. 359, 924 P.2d 1371. Law reviews. — For article, "Statutory Adoption of Several Liability in New Mexico: A Commentary and Quasi-Legislative History," see 18 N.M.L. Rev. 483 (1988). For note, "Workers' Compensation Law Pursuing the 'Benevolent Purpose' of New Mexico's Workers' Compensation Statute as a Reimbursement Statute: Montoya v. AKAL Security, Inc.," see 24 N.M. L. Rev. 577 (1994). Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 453. Workmen's Compensation § 1010.
NM Stat § 52-1-12 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-12 - Repealed.

History: 1953 Comp., § 59-10-8.1, enacted by Laws 1971, ch. 55, § 1; 1989, ch. 263, § 9; repealed by Laws 2016, ch. 24, § 3.ANNOTATIONSRepeals. — Laws 2016, ch. 24, § 3 repealed 52-1-12 NMSA 1978, as enacted by Laws 1971, ch. 55, § 1, relating to compensation prohibited when worker under influence of certain drugs, effective May 18, 2016. For provisions of former section, see the 2015 NMSA 1978 on NMOneSource.com.
NM Stat § 52-1-13 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-13 - Termination of agreements.

Any agreement made between such employer and any such worker to be bound by the provisions of the Workers' Compensation Act may be terminated by either party upon giving thirty days notice to the other in writing, prior to any accidental injury suffered by such worker. History: Laws 1929, ch. 113, § 9; C.S. 1929, § 156-109; 1941 Comp., § 57-909; 1953 Comp., § 59-10-9; Laws 1989, ch. 263, § 10. ANNOTATIONSTermination notice. — This section requires an employer covered under this chapter through its elective rather than its mandatory provision, who wishes to terminate workers' compensation insurance coverage, to give 30 days prior written notice of intent to discontinue coverage to both its employees and the superintendent of insurance. The mere lapse of the insurance policy and oral notice of termination are insufficient to terminate an employer's liability for elective coverage. Castillo v. Weatherly, 1988-NMCA-032, 107 N.M. 135, 753 P.2d 1323. Law reviews. — For annual survey of New Mexico Workers' Compensation Law, see 20 N.M.L. Rev. 459 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 8, 16, 18. 99 C.J.S. Workmen's Compensation §§ 128, 129.
NM Stat § 52-1-14 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-14 - [Interstate commerce not subject to state legislation exempted.]

This act [Chapter 52, Article 1 NMSA 1978] shall not be construed to apply to business or 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: Laws 1929, ch. 113, § 11; C.S. 1929, § 156-111; 1941 Comp., § 57-911; 1953 Comp., § 59-10-11. ANNOTATIONSNo compensation where applied for and paid in Texas. — Where both employer and employee were residents of Texas, and contract of employment was entered into in Texas to be performed in New Mexico, no recovery could be had for injury occurring in New Mexico where compensation for such injury had been applied for and paid in Texas. Hughey v. Ware, 1929-NMSC-024, 34 N.M. 29, 276 P. 27. Intrastate and interstate employees of bus lines. — Any of employees of Greyhound Lines engaged in strictly intrastate business should come under the Workmen's [Workers'] Compensation Act, and their interstate employees might well be affected by the law if there is no federal legislation including them. 1935 Op. Att'y Gen. No. 35-918. Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 18, 38, 41 to 43. Application of state act to actions under Federal Employers' Liability Law, 12 A.L.R. 697, 36 A.L.R. 917, 89 A.L.R. 693. What employees are engaged in interstate commerce with Federal Employers' Liability Law, 77 A.L.R. 1374, 90 A.L.R. 846. Applicability of state act where employer is engaged in both interstate and intrastate commerce, 80 A.L.R. 1418. Application for, or award, denial or acceptance of, compensation under state Workmen's [Workers'] Compensation Act as precluding action under Federal Employers' Liability Act by one engaged in interstate commerce within that act, 6 A.L.R.2d 581. 15 C.J.S. Commerce § 138; 99 C.J.S. Workmen's Compensation §§ 22 to 26, 138; 100 C.J.S. Workmen's Compensation §§ 518, 548.
NM Stat § 52-1-18 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-18 - Child.

As used in the Workers' Compensation Act, unless the context otherwise requires, "child" includes stepchildren, adopted children, posthumous children and acknowledged illegitimate children but does not include married children unless dependent. The words "adopted" or "adoption" as used in the Workers' Compensation Act shall include cases where persons are treated as adopted as well as those of legal adoption. History: 1953 Comp., § 59-10-12.11, enacted by Laws 1965, ch. 295, § 11; 1989, ch. 263, § 14. ANNOTATIONSCross references. — For meaning of dependents, see 52-1-17 NMSA 1978. Amount of compensation for child. — A child was not entitled to compensation in an amount equal to 25% of the earnings of the deceased where the deceased left a widow, no specific amount being provided as compensation to the child under such circumstances, and where deceased employee was survived by widow and child under 18 years by a prior marriage, compensation for both was limited to 45% of the workman's (worker's) wages not to exceed $18.00 per week. Wilson v. Rowan Drilling Co., 1950-NMSC-046, 55 N.M. 81, 227 P.2d 365 (decided under former law). Allowance for unborn child. — Allowance was to be made in compensation proceeding for a child en ventre su mere for the period from the employee's death and child's birth, with proviso that compensation could be reduced if the child should be born dead or should die. Neeley v. Union Potash & Chem. Co., 1943-NMSC-010, 47 N.M. 100, 137 P.2d 312 (decided under former law). Treatment of adopted children. — Former statute indicated a legislative thought that an adopted child should be treated "in all respects" as a natural child in applying the Workmen's (Workers') Compensation Act. Hahn v. Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308 (decided under former law). Stepchildren and natural children treated equally. — For purposes of awarding survivor's benefits, dependent minor stepchildren, whether adopted or not, and natural children are treated equally, and each is entitled to share alike. Schall v. Schall, 1982-NMCA-045, 97 N.M. 665, 642 P.2d 1124. Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 190, 200, 207, 373, 682. 99 C.J.S. Workmen's Compensation §§ 112 to 114, 146, 147; 100 C.J.S. Workmen's Compensation § 552.
NM Stat § 52-1-21 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-21 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 235, § 54B repeals 52-1-21 NMSA 1978 as enacted by Laws 1965, ch. 295, § 14, relating to the use of the terms "judge" and "court" in the Workmen's Compensation Act, effective June 19, 1987.
NM Stat § 52-1-23 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-23 - Contractor becoming employer in casual employment.

For purposes of the Workers' Compensation Act, where any employer procures any work to be done wholly or in part for him by a contractor where the work so procured to be done is casual employment as to such employer, then such contractor shall become the employer. History: 1953 Comp., § 59-10-12.16, enacted by Laws 1965, ch. 295, § 16; 1989, ch. 263, § 17. ANNOTATIONSIn determining workman's (worker's) status, the right of control is the test. If he has the right to control the work, he is an independent contractor; if not, he is an employee. Bailey v. Farr, 1959-NMSC-071, 66 N.M. 162, 344 P.2d 173 (decided under former law). Chief consideration which determines one to be independent contractor is the fact that the employer has no right of control as to the mode of doing the work contracted for. Shipman v. Macco Corp., 1964-NMSC-091, 74 N.M. 174, 392 P.2d 9 (decided under former law). Liability of general contractor to employees of subcontractors performing construction or other work on the premises is founded in part on the assumption that the owner has placed the general contractor in physical control of the job site; by virtue of this control, the general contractor is burdened with a duty similar to that owed by the landowner to business invitees, to exercise reasonable care to maintain the premises in a reasonably safe condition. DeArman v. Popps, 1965-NMSC-026, 75 N.M. 39, 400 P.2d 215. General contractor not liable absent control over location. — Absent control over the job location or direction of the manner in which the delegated tasks are carried out, the general contractor is not liable for injuries to employees of the subcontractor resulting from either the condition of the premises or the manner in which the work is performed. DeArman v. Popps, 1965-NMSC-026, 75 N.M. 39, 400 P.2d 215. Claimant as employee of contractor not contractee. — Where claimant at all times was paid, employed and subject to discharge by defendant, defendant was hired to do one specific job, and defendant had its own independence of means and methods, subject only to general supervision of the desired results, there can be no question that plaintiff was an employee of defendant and not of contractee. DeArman v. Popps, 1965-NMSC-026, 75 N.M. 39, 400 P.2d 215. Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 71, 121 to 125, 133, 167, 207, 490. 99 C.J.S. Workmen's Compensation §§ 69, 70, 90 to 111.
NM Stat § 52-1-24.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-24.1 - Date of maximum medical improvement.

As used in the Workers' Compensation Act, "date of maximum medical improvement" means the date after which further recovery from or lasting improvement to an injury can no longer be reasonably anticipated based upon reasonable medical probability as determined by a health care provider defined in Subsection C, E or G of Section 52-4-1 NMSA 1978. History: 1978 Comp., § 52-1-24.1, enacted by Laws 1990 (2nd S.S.), ch. 2, § 8. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 8 effective January 1, 1991. Further medical treatment. — The fact that worker would need future medical care for his continuing disability was not inconsistent with a determination that he had achieved his physical maximum medical improvement (MMI). Smith v. Cutler Repaving, 1999-NMCA-030, 126 N.M. 725, 974 P.2d 1182, cert. denied, 126 N.M. 532, 972 P.2d 351. Upon refusing surgery, maximum medical improvement reached. — A doctor's report indicating that, in the absence of surgery, a worker had reached maximum medical improvement (MMI), provided a sufficient basis for a worker's compensation judge's conclusion that the worker had reached MMI as of that date. That conclusion was not affected by the doctor's testimony that a physical conditioning program could likely decrease the worker's physical impairment from 18% to 14%, since the worker would still probably only be able to engage in the same type of medium-duty employment for which the doctor previously provided a release. Rael v. Wal-Mart Stores, Inc., 1994-NMCA-017, 117 N.M. 237, 871 P.2d 1, cert. denied, 117 N.M. 215, 870 P.2d 753. Worker not penalized for declining surgery. — A worker cannot postpone indefinitely a determination of maximum medical improvement (MMI) by declining surgery. Once a physician has made a determination of MMI, discontinuing temporary total disability and calculating a permanent partial disability does not subject the worker to a Hobson's choice ("Have surgery or starve") or penalize him for declining surgery. It is merely a determination that a worker has reached a plateau of medical stability for the foreseeable future. Rael v. Wal-Mart Stores, Inc., 1994-NMCA-017, 117 N.M. 237, 871 P.2d 1, cert. denied, 117 N.M. 215, 870 P.2d 753. Evidence insufficient to find maximum medical improvement. — Finding that worker had reached maximum medical improvement (MMI) for his secondary mental impairment based on doctor's report that worker would reach MMI within six months of the conclusion of the litigation was unreasonable in view of internal inconsistencies in the report and other evidence. Smith v. Cutler Repaving, 1999-NMCA-030, 126 N.M. 725, 974 P.2d 1182, cert. denied, 126 N.M. 532, 972 P.2d 351. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-1-26.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-26.1 - Partial disability determination; calculation of modifications.

A. For the purpose of determining the percentage of disability pursuant to Section 52-1-26 NMSA 1978, impairment shall constitute the base value. B. The appropriate values for the age modification, as determined in Section 52-1-26.2 NMSA 1978, and the education modification, as determined by Section 52-1-26.3 NMSA 1978, shall be added together. If this sum is less than zero, the sum shall be deemed to be zero for the purposes of this calculation. This sum shall be multiplied by the appropriate value of the physical capacity modification, determined in Section 52-1-26.4 NMSA 1978. C. The product calculated in Subsection B of this section shall be added to the base value. This sum represents the percentage of unscheduled partial disability to be awarded. History: 1978 Comp., § 52-1-26.1, enacted by Laws 1990 (2nd S.S.), ch. 2, § 12. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 12 effective January 1, 1991. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).