reglab/housing_qa huggingface dataset:
NM Stat § 52-1-26.2 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-26.2 - Partial disability determination; age modification.

A. The range of the age modification is one to five. The modification is based upon the worker's age at the time of the disability rating. B. For a worker who is: (1) forty-four years old or younger, one point shall be awarded; (2) forty-five to forty-nine years old, two points shall be awarded; (3) fifty to fifty-four years old, three points shall be awarded; (4) fifty-five to fifty-nine years old, four points shall be awarded; and (5) sixty years old or older, five points shall be awarded. History: 1978 Comp., § 52-1-26.2, enacted by Laws 1990 (2nd S.S.), ch. 2, § 13; 2001, ch. 87, § 2. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, changed the range of age modification from "zero to four" to "one to five" in Subsection A and increased the point values by one throughout Subsection B. Time for determination of age modification points. — Age modification points were properly assigned on the basis of the worker's age at the time of the disability rating by the worker's compensation judge, not on the date she reached "maximum medical improvement." Levario v. Ysidro Villareal Labor Agency, 1995-NMCA-133, 120 N.M. 734, 906 P.2d 266. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-1-27 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-27 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 105 repealed 52-1-27 NMSA 1978, as enacted by Laws 1986, ch. 22, § 7, defining "date of maximum medical improvement", effective July 1 1987. That repeal, however, was repealed by Laws 1987, ch. 235, § 54A effective June 19, 1987. Laws 1987, ch. 235, § 54B repealed 52-1-27 NMSA 1978, effective June 19, 1987.
NM Stat § 52-1-32 to 52-1-35 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-32 to 52-1-35 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 102 repeals former 52-1-32 through 52-1-35 NMSA 1978, relating to procedures in making claims for workmen's compensation benefits, effective May 21, 1986. For present comparable provisions, see 52-5-5 NMSA 1978 et seq. Repeal, as to question of district court jurisdiction, unconstitutional. — To the extent that repeal of 52-1-32 to 52-1-35 NMSA 1978 by Laws 1986, ch. 22, § 102 deprives a claimant of a forum between May 21 and December 1, 1986 for resolution of a legislatively-created right, that portion of § 102 is unconstitutional, when applied to the very narrow question of jurisdiction over a claimant who has filed or will file a claim in district court prior to December 1, 1986. Wylie Corp. v. Mowrer, 1986-NMSC-075, 104 N.M. 751, 726 P.2d 1381.
NM Stat § 52-1-37 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-37 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 102 repeals former 52-1-37 NMSA 1978, as amended by L. 1959, ch. 67, § 16, relating to venue of workmen's compensation claims, effective May 21, 1986. For present comparable provisions, see 52-5-1 NMSA 1978 et seq.
NM Stat § 52-1-39 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-39 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 22, § 102 repeals former 52-1-39 NMSA 1978, as enacted by Laws 1959, ch. 67, § 18, relating to appeals to the supreme court, effective May 21, 1986. For present comparable provisions, see 52-5-8 NMSA 1978.
NM Stat § 52-1-40 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-40 - Waiting period.

No compensation benefits shall be allowed under the provisions of the Workers' Compensation Act for any accidental injury which does not result in the workers' death or in a disability which lasts for more than seven days; provided, however, if the period of the workers' disability lasts for more than four weeks from the date of his accidental injury, compensation benefits shall be allowed from the date of disability. History: 1953 Comp., § 59-10-18.1, enacted by Laws 1959, ch. 67, § 19; 1989, ch. 263, § 22. ANNOTATIONSLimitation begins to run where injury reasonably apparent. — Where, following blows to head, workman (worker) suffered convulsions, was hospitalized, had recurrent headaches, suffered loss of memory and was assigned a helper for the first time at work, injury, for the purpose of workman's (worker's) compensation, had become reasonably apparent, or should have become reasonably apparent, and statute of limitations began to run. Bowers v. Wayne Lovelady Dodge, Inc., 1969-NMCA-065, 80 N.M. 475, 457 P.2d 994. As soon as it becomes reasonably apparent, or should become reasonably apparent to a workman (worker) that he has an injury on account of which he is entitled to compensation and the employer fails or refuses to make payment he has a right to file a claim and the statute begins to run from that date. Bowers v. Wayne Lovelady Dodge, 1969-NMCA-065, Inc., 80 N.M. 475, 457 P.2d 994. The limitation statute does not provide that a workman (worker) lose seven consecutive days of work before the limitation period begins to run. Bowers v. Wayne Lovelady Dodge, Inc., 1969-NMCA-065, 80 N.M. 475, 457 P.2d 994. First week's compensation provisional. — The first week's compensation is payable solely in the event the disability, if temporary only, is of more than four weeks duration, is permanent or results in death. Liability for this first week's compensation is, at best, then, only provisional. Fresquez v. Farnsworth & Chambers Co., 1955-NMSC-112, 60 N.M. 384, 291 P.2d 1102 (decided under former law). Award of one day's benefits is not contemplated by the Workmen's (Workers') Compensation Act. Grudzina v. N.M. Youth Diagnostic & Dev. Ctr., 1986-NMCA-047, 104 N.M. 576, 725 P.2d 255. While payments being made, no right to sue arises. — So long as the 16-day periodic installments are being paid, even though the contingent and suspensory first week's installment be unpaid, no refusal or failure to pay entitling the claimant to sue arises. Fresquez v. Farnsworth & Chambers Co., 1955-NMSC-112, 60 N.M. 384, 291 P.2d 1102 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 433.
NM Stat § 52-1-44 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-44 - Compensation benefits; facial disfigurement.

For serious permanent disfigurement about the face or head, the workers' compensation judge may allow, in addition to other compensation benefits that may be allowed under the Workers' Compensation Act, an additional sum for compensation on account of the serious permanent disfigurement as he deems just but not to exceed a maximum of twenty-five hundred dollars ($2,500). History: 1953 Comp., § 59-10-18.5, enacted by Laws 1959, ch. 67, § 23; 1967, ch. 151, § 4; 1986, ch. 22, § 14; 1989, ch. 263, § 26. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers's Compensation § 635. 99 C.J.S. Workmen's Compensation § 199; 101 C.J.S. Workmen's Compensation § 854.
NM Stat § 52-1-47.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-47.1 - Compensation benefits limit.

A. Unless otherwise contracted for by the worker and employer, workers' compensation 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 Workers' Compensation Act shall accordingly be reduced, if necessary, to account for any wages and employer-financed disability benefits a worker receives after the time of injury. 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 injuries that occur after the effective date of this section; it shall not reduce benefits received or due or affect the benefits due for injuries that occur before the effective date of this section. History: Laws 1990 (2nd S.S.), ch. 2, § 30. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 Laws 1990 (2nd S.S.), ch. 2, § 30 effective January 1, 1991. Benefits may not exceed average weekly wage. — Section 52-1-47.1 NMSA 1978 prevents a worker from receiving permanent partial disability and loss of use benefits that exceed the worker's average weekly wage. Livingston v. Envtl. Earthscapes, 2013-NMCA-099, cert. denied, 2013-NMCERT-008. Employer's right to offset. — An employer that employs a worker at the time of an injury receives an off-set only for wages and benefits that that employer provides and does not receive an off-set for wages paid to the worker by an employer who employs the worker after the injury. Moya v. City of Albuquerque, 2007-NMCA-057, 141 N.M. 617, 159 P.3d 266, rev'd, 2008-NMSC-004, 143 N.M. 258, 175 P.3d 926. Shared contributions to a disability plan. — Section 52-1-47.1 NMSA 1978 provides an offset only for the portion of disability benefits paid by the employer's contribution. The percentage of disability benefits that correspond to the worker's premium contribution cannot be used by the employer to reduce the worker's benefits. Esckelson v. Miners' Colfax Med. Ctr., 2014-NMCA-052. Where the worker paid twenty percent of the disability premium and the employer paid eighty percent, the employer was entitled to an offset only for the proportion of the benefit that corresponded to the employer' premium contribution, without any credit for the worker's premium contribution. Esckelson v. Miners' Colfax Med. Ctr., 2014-NMCA-052. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-1-50 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-50 - Repealed.

ANNOTATIONSRepeals. — Laws 1990 (2nd S.S.), ch. 2, § 151, repeals 52-1-50 NMSA 1978, as amended by Laws 1989, ch. 263, § 29, relating to vocational rehabilitation services, effective January 1, 1991. For provisions of former section, see 1990 Cumulative Supplement. For present comparable provisions, see 52-1-50.1 NMSA 1978.
NM Stat § 52-1-53 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-53 - [Accident prevention laws not affected.]

Nothing in this act [Chapter 52, Article 1 NMSA 1978] contained shall repeal any existing law providing for the installation or maintenance of any device, means or method for the prevention of accidents in any occupational pursuit. History: Laws 1929, ch. 113, § 21; C.S. 1929, § 156-121; 1941 Comp., § 57-922; 1953 Comp., § 59-10-22. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 52-1-55 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-55 - Physical examinations; statements regarding dependents; pre-employment physical condition statements.

A. It is the duty of the worker at the time of the worker's employment or thereafter at the request of the employer to submit to examination by a physician or surgeon duly authorized to practice medicine in the state, or by a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, who shall be paid by the employer, for the purpose of determining the worker's physical condition. B. It is also the duty of the worker, if required, to give the names, addresses, relationship and degree of dependency of the worker's dependents, if any, or any subsequent change thereof to the employer, and when the employer or the employer's insurance carrier requires, the worker 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 worker, if requested by the employer or the employer's insurance carrier, to make a detailed verified statement as part of an application for employment disclosing specifically any preexisting permanent physical impairment. History: Laws 1929, ch. 113, § 23; C.S. 1929, § 156-123; 1941 Comp., § 57-924; 1953 Comp., § 59-10-24; 1987, ch. 235, § 25; 2015, ch. 116, § 14. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, amended the Worker's Compensation Act provision, relating to physical examinations of workers, to include other health care professionals with each reference to "physician"; in Subsection A, after "the time of", deleted "his" and added "the worker's", after "the employer to submit", deleted "himself", after "medicine in the state", added "or by a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", and after "determining", deleted "his" and added "the worker's"; in Subsection B, after "degree of dependency of", deleted "his" and added "the worker's", after "the employer or", deleted "his" and added "the employer's"; and in Subsection C, after "by the employer or", deleted "his" and added "the employer's", after "disclosing specifically any", deleted "pre-existing" and added "preexisting", and after "physical impairment", deleted "as that term is defined in Section 52-2-6 NMSA 1978". Temporary provisions. — Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice. Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 504 to 506, 595.
NM Stat § 52-1-57 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-57 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 235, § 54B repeals 52-1-57 NMSA 1978 as enacted by Laws 1929, ch. 113, § 25 relating to employer's accident reports to insurance department, effective June 19, 1987.
NM Stat § 52-1-59 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-59 - Effect of failure to file report.

No claim for compensation under the Workers' Compensation Act, as it now provides or as it may hereafter be amended, shall be barred prior to the filing of such report or within thirty days thereafter, but this section does not shorten the time now provided for filing claims with the director. History: Laws 1937, ch. 92, § 15; 1941 Comp., § 57-928; 1953 Comp., § 59-10-28; Laws 1986, ch. 22, § 21; 1989, ch. 263, § 35. ANNOTATIONSEmployer's failure to file injury report. — Where employer employed worker for one day; worker's injuries were severe enough that if employment had lasted longer than one day, worker would have lost more than seven days of work; employer did not file an injury report required by Section 52-1-58(A) NMSA 1978; employer denied workers' compensation benefits to worker; and worker filed a claim for workers' compensation with the workers' compensation administration nineteen months after employer denied worker's claim for benefits, worker's claim was not barred by statute of limitations. Nelson v. Homier Distrib. Co., Inc., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690. The word "barred" in the section does not apply to laches and the legislative history shows that this section was enacted in connection with the limitation period. Anaya v. City of Santa Fe, 1969-NMSC-025, 80 N.M. 54, 451 P.2d 303. Workman (Worker) cannot avoid limitations because employer failed to file report. — A workman (worker) failing to file his claim in court within the statutory period after learning of the extent and seriousness of his disability cannot avoid the bar of limitations by asserting that the employer failed to file with the labor commissioner (now director of the labor and industrial division) a report concerning a compensable injury where the employer had no reason to believe that a compensable injury had occurred. Sanchez v. Bernalillo Cnty., 1953-NMSC-038, 57 N.M. 217, 257 P.2d 909. Claim for death benefits in the case of a hospital nurse who died of a heart attack was not time barred, where the hospital had actual notice of the compensable injury, yet failed to file a written report as required. Herman v. Miners' Hosp., 1991-NMSC-021, 111 N.M. 550, 807 P.2d 734. Am. Jur. 2d, A.L.R. and C.J.S. references. — Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778. 100 C.J.S. Workmen's Compensation § 441.
NM Stat § 52-1-60 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-60 - Notice to director of date of payment.

A. Every employer's workers' compensation insurance carrier shall notify the director of the date on which the initial payment of any claim for benefits has been made within ten days of such payment. B. The director shall provide on a quarterly basis to the child support enforcement division of the human services department the name, social security number, home address and employer of all injured workers reported. C. A court order filed by the child support enforcement division of the human services department in the claim of the workers' compensation administration stating that the claimant owes past due or ongoing support shall constitute a notice that lump sum and partial-lump sum payment of benefits to a claimant are barred contingent on satisfaction of the child support arrearage. No order approving a lump sum or partial-lump sum payment to a claimant pursuant to Section 52-5-12 NMSA 1978 shall be executed or entered until: (1) the arrearage has been satisfied; (2) provision has been made in the order for lump sum or partial-lump sum settlement for direct payment of sufficient funds to the child support enforcement division to satisfy the arrearage; or (3) the workers' compensation judge makes a specific written finding of extreme hardship to the worker excusing the satisfaction of the arrearages from those funds. History: Laws 1937, ch. 92, § 16; 1941 Comp., § 57-929; 1953 Comp., § 59-10-29; Laws 1983, ch. 78, § 2; 1986, ch. 22, § 22; 1989, ch. 263, § 36; 1990 (2nd S.S.), ch. 2, § 25; 1993, ch. 202, § 1. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, made stylistic changes in Subsection A, substituted "division" for "bureau" in Subsection B, and added Subsection C. The 1990 (2nd S.S.) amendment, effective January 1, 1991, deleted "also" following "is" and substituted "benefits" for "compensation" in Subsection A and deleted "promptly thereafter" following "shall" and inserted "on a quarterly basis" in Subsection B.
NM Stat § 52-1-61 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-61 - 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 Workers' Compensation Act or any rule or regulation adopted pursuant to that act. Unless specified otherwise in the Workers' Compensation Act, the penalty shall be a fine of not less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000) for each occurrence, subject to the director's discretion. History: 1978 Comp., § 52-1-61, enacted by Laws 1990 (2nd S.S.), ch. 2, § 26. ANNOTATIONSRepeals and reenactments. — Laws 1990 (2nd S.S.), ch. 2, § 26 repealed former 52-1-61 NMSA 1978, as amended by Laws 1989, ch. 263, § 37 and enacted a new section, effective January 1, 1991.
NM Stat § 52-1-62 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 1 - Workers' Compensation|Section 52-1-62 - Director to enforce Workers' Compensation Act.

For the purpose of enforcing the Workers' Compensation Act, there are hereby conferred upon the director the following powers and duties: A. when any employer subject to the provisions of the Workers' Compensation Act fails to comply with Section 52-1-4 NMSA 1978 relating to the filing of an undertaking in the nature of insurance or security for the payment of benefits under the Workers' Compensation Act, the director is empowered to institute in his own name an action in the district court of Santa Fe county or the county where 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 52-1-4 NMSA 1978, and upon a showing of the facts above recited, the court shall grant such injunction. In any such action, the attorney general or district attorney for the judicial district where the action is brought shall represent the director; and B. for the purpose of ascertaining the correctness of any reported wage expenditure, the number of men employed and other information necessary in the administration of the Workers' Compensation Act, the director may, upon his own initiative or upon request of any interested party, hold hearings and subpoena all books, records and payrolls of any employer subject to the provisions of the Workers' Compensation Act which show or reflect in any way upon the amount of wage expenditures of such employer or other facts, data or statistics appertaining to the purposes of that act. History: Laws 1937, ch. 92, § 18; 1941 Comp., § 57-931; 1953 Comp., § 59-10-31; Laws 1986, ch. 22, § 24; 1989, ch. 263, § 38. ANNOTATIONSFailure to comply subjects employer to injunction. — Failure to comply with Section 52-1-4 NMSA 1978 subjects the employer to an injunction from continuing his business operations until he has complied. Quintana v. Nolan Bros., 1969-NMCA-083, 80 N.M. 589, 458 P.2d 841. Am. Jur. 2d, A.L.R. and C.J.S. references. — Prohibition to control workmen's compensation boards and officers, 115 A.L.R. 32, 159 A.L.R. 627. 100 C.J.S. Workmen's Compensation §§ 378 to 386.