reglab/housing_qa huggingface dataset:
NM Stat § 52-3-57 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-57 - Nonresident employers employing workers in state; requirement for insurance; enforcement.

A. Every employer not domiciled in the state who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and every other employer not domiciled in the state who employs three or more workers within the state, whether that employment is permanent, temporary or transitory and whether the workers are residents or nonresidents of the state, shall comply with the provisions of Section 52-3-9 NMSA 1978 and, unless self-insured, shall obtain an occupational disease disablement compensation insurance policy or an endorsement to an existing policy, issued in accordance with the provisions of Section 59A-17-10.1 NMSA 1978. An employer who does not comply with the foregoing requirement shall be barred from recovery by legal action for labor or materials furnished during any period of time in which he was not in compliance with the requirements of this section and, if the noncomplying employment is in an activity for which the employer is licensed under the provisions of the Construction Industries Licensing Act, the employer's license is subject to revocation or suspension for the violation. B. The construction industries division of the regulation and licensing department, or a local government that is carrying out those duties, shall not issue any permit required for a contractor to undertake a construction contract if that contract is for an amount in excess of one hundred thousand dollars ($100,000) unless the contractor has filed with the division proof of compliance with Subsection A of this section. History: 1978 Comp., § 52-3-57, enacted by Laws 1990 (2nd S.S.), ch. 2, § 43. ANNOTATIONSRepeals and reenactments. — Laws 1990 (2nd S.S.), ch. 2, § 43, repealed former 52-3-57 NMSA 1978, as amended by Laws 1986, ch. 22, § 74, and enacted new section, effective January 1, 1991.
NM Stat § 52-3-58 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-58 - Locale of employment.

A. A person's employment is principally localized in this or another state when: (1) his employer has a place of business in this or such other state and he regularly works at or from such place of business; or (2) if Paragraph (1) of this subsection is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state. B. An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another state, and, unless the other state refuses jurisdiction, the agreement shall be given effect under the New Mexico Occupational Disease Disablement Law. C. As used in Sections 52-3-55 through 52-3-58 NMSA 1978: (1) "United States" includes only the states of the United States and the District of Columbia; (2) "state" includes any state of the United States, the District of Columbia or any province of Canada; and (3) "carrier" includes any insurance company licensed to write workers' compensation insurance in any state of the United States or any state or provincial fund which insures employers against their liabilities under an occupational disease disablement law. History: 1953 Comp., § 59-11-43.3, enacted by Laws 1975, ch. 268, § 4; 1989, ch. 263, § 67.
NM Stat § 52-3-59 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-59 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.

For the purpose of effecting mutually satisfactory reciprocal arrangements with other states respecting extra-territorial jurisdictions, the employment security division of the labor department is empowered to promulgate special and general regulations not inconsistent with the provisions of the New Mexico Occupational Disease Disablement Law and, with the approval of the governor, to enter into reciprocal agreements with appropriate boards, commissions, officers or agencies of other states having jurisdiction over workers' compensation claims. History: 1953 Comp., § 59-11-43.5, enacted by Laws 1975, ch. 268, § 5; 1989, ch. 263, § 68.
NM Stat § 52-3-60 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-60 - Offset of unemployment compensation benefits.

A. No total disablement benefits shall be payable under the New Mexico Occupational Disease Disablement Law for any weeks in which the disabled employee has received or is receiving unemployment compensation benefits, except as provided in this section. B. If an employee is entitled to receive unemployment compensation benefits and would otherwise be entitled to receive total disablement benefits, the unemployment compensation benefits shall be primary, and the total disablement benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disablement benefits that would otherwise be payable. History: 1978 Comp., § 52-3-60, enacted by Laws 1987, ch. 235, § 44.
NM Stat § 52-4-4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 4 - Health Care Providers|Section 52-4-4 - Temporary provision; rules and regulations.

A. The director shall adopt and promulgate regulations and contract with a peer review organization pursuant to Section 52-4-2 NMSA 1978 no later than October 1, 1990. B. The director shall establish a baseline period of no less than six months, adjusted for seasonal variations, for the purpose of providing data for the calculations required pursuant to Subsection C of this section no later than January 1, 1991. C. For the one-year period ending December 31, 1991, the director shall issue a report concerning the results of the utilization review program as provided in Section 52-4-3 NMSA 1978 no later than December 1, 1992. If the director determines that based on such data the program has not resulted in a ten percent reduction in the utilization and cost of services subject to the utilization program, he shall have the authority to adopt and promulgate regulations, after notice and public hearings, to establish schedules of maximum charges for fees that are payable to health care providers as defined in Section 52-4-1 NMSA 1978. Such schedules shall be annually revised. D. For the purposes of calculating the percentage as provided in Subsection C of this section, a comparison of both baseline and utilization program data shall be performed. Factors that shall be considered include, but are not limited to: (1) severity and frequency of illness or injury; (2) average length of stay of hospitalization; (3) number of admissions per one hundred workers' compensation claims; (4) number of services provided per one hundred workers' compensation claims; and (5) factors that may affect the utilization and cost of medical services provided under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978]. History: Laws 1990, ch. 65, § 4. ANNOTATIONSEffective dates. — Laws 1990, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 1990.
NM Stat § 52-5-1.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-1.1 - Short title.

Chapter 52, Article 5 NMSA 1978 [except 52-5-22 NMSA 1978] may be cited as the "Workers' Compensation Administration Act". History: Laws 1990 (2nd S.S.), ch. 2, § 61. ANNOTATIONSCompiler's notes. — Section 52-5-22 NMSA 1978 was not enacted as part of the Workers' Compensation Administration Act, but was compiled there for the convenience of the user. Effective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 61 effective January 1, 1991.
NM Stat § 52-5-1.2 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-1.2 - Workers' compensation administration created.

There is created as an entity of state government the "workers' compensation administration". History: Laws 1990 (2nd S.S.), ch. 2, § 62; 2003, ch. 259, § 8. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, deleted provisions following "workers' compensation administration" which related to the administrative attachment to the labor department. No jurisdiction over claims between insurers. — The workers' compensation administration does not have jurisdiction over a controversy between workers' compensation insurers that has no effect on the rights of the worker. Jones v. Holiday Inn Express, 2014-NMCA-082. Where worker sustained a back injury; thirteen days before the accident, the employer changed worker's compensation carriers from plaintiff to defendant; unaware of the change, the employer's manager gave notice to plaintiff of worker's claim for benefits; without researching whether the employer was insured through plaintiff, plaintiff accepted the claim and began paying benefits to worker; plaintiff also erred by miscalculating the amount of benefits which gave worker 700 weeks instead of 500 weeks of benefits; when plaintiff discovered the error, plaintiff filed a complaint with the workers' compensation administration requesting that the workers' compensation judge order defendant to pay future benefits to worker and to reimburse the benefits paid by plaintiff, the workers' compensation administration lacked jurisdiction over the controversy because the controversy did not involve or affect worker's claim for compensation. Jones v. Holiday Inn Express, 2014-NMCA-082. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-5-1.3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-1.3 - Enforcement bureau.

A. There is created in the workers' compensation administration an "enforcement bureau". B. The enforcement bureau shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced. The enforcement bureau shall refer to an appropriate law enforcement agency any finding of fraud. For any claim pending in the administration, the enforcement bureau shall also bring its findings to the attention of the workers' compensation judge assigned to that claim. C. For the purposes of this section, "fraud" includes the intentional misrepresentation of a material fact resulting in workers' compensation or occupational disablement coverage, the payment or withholding of benefits or an attempt to obtain or withhold benefits. The intentional misrepresentation of a material fact may occur through the conduct, practices, omissions or representations of any person. Any person found guilty of committing fraud shall be sentenced pursuant to the provisions of Section 30-16-6 NMSA 1978 and the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978]. History: Laws 1990 (2nd S.S.), ch. 2, § 63; 2013, ch. 134, § 5. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, replaced the safety and fraud division of the worker's compensation administration with an enforcement bureau; in the title, deleted "safety and fraud division" and added "enforcement bureau"; in Subsections A and B, deleted "safety and fraud division" and added "enforcement bureau"; deleted former Subsection B, which required the safety and fraud division to develop a program to identify extra-hazardous employers; deleted former Subsection C, which required extra-hazardous employers to obtain a safety consultation from the safety and fraud division; and deleted former Subsection D, which required extra-hazardous employers to formulate an accident prevention plan. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-5-1.4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-1.4 - Ombudsman program.

A. The director shall establish an ombudsman program to assist injured or disabled workers, persons claiming death benefits, employers and other persons in protecting their rights and obtaining information available under workers' compensation and occupational disease disablement laws. B. An ombudsman shall meet with or otherwise provide information to injured or disabled workers, investigate complaints and communicate with employers, insurance carriers and health care providers on behalf of injured or disabled workers. An ombudsman shall otherwise assist unrepresented claimants, employers and other parties to enable them to protect their rights in the workers' compensation and occupational disease disablement system. At least one specially qualified employee in each location that the administration has an office shall be designated by the director as an ombudsman, and duties described in this section shall be that person's primary responsibility. The director may designate additional ombudsmen and assign them as the director deems appropriate. C. An ombudsman need not be an attorney but shall demonstrate familiarity with workers' compensation and occupational disease disablement laws. D. An ombudsman shall not be an advocate for any person and shall restrict ombudsman's activities to providing information and facilitating communication. An ombudsman shall not assist a claimant, employer or any other person in any proceeding beyond the informal conference held pursuant to Section 52-5-5 NMSA 1978. E. Each employer shall notify the employer's employees of the ombudsman service in a manner prescribed by the director. The notice shall include the posting of a notice in one or more conspicuous places. The director shall also describe clearly the availability of the ombudsmen on the first report of accident form required under Section 52-1-58 NMSA 1978, or the first report of disablement form required under Section 52-3-51 NMSA 1978. History: Laws 1990 (2nd S.S.), ch. 2, § 64; 2004, ch. 118, § 1; 2013, ch. 134, § 6. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, allowed an ombudsman to hold another position in the workers' compensation administration upon leaving the position of ombudsman; and in Subsection C, deleted the former second sentence, which made an ombudsman ineligible to hold another position in the workers' compensation administration for one year after leaving the position of ombudsman. The 2004 amendment, effective July 1, 2004, amended Subsection C to change the period of ineligibility for serving in another position in the administration from five years to one year. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-5-4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-4 - Authority to adopt rules, regulations and fee schedules.

A. The director is authorized to adopt reasonable rules and regulations, after notice and public hearing, for effecting the purposes of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978]. All rules and regulations shall be published upon adoption and be made available to the public and, if not inconsistent with law, shall be binding on the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law. All rules and regulations adopted shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. B. Such rules and regulations shall include provisions for procedures in the nature of conferences or other techniques to dispose of cases informally or to expedite claim adjudication, narrow issues and simplify the methods of proof at hearings. C. The director shall promulgate and enforce schedules of reimbursement for such nonprofessional services as providing testimony and depositions, the production of records or the completion of medical capacity forms to health care providers as defined in Section 52-4-1 NMSA 1978 as he deems appropriate and necessary in the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law. D. The director shall adopt rules for approval and establishment of controlled insurance plans, including performance standards compliance enforcement. In an advisory role only to participate in the rulemaking process, the director shall provide for the participation of: (1) general contractors; (2) subcontractors; (3) organized labor; (4) municipalities; (5) counties; and (6) business. History: Laws 1986, ch. 22, § 30; 1989, ch. 263, § 73; 2003, ch. 263, § 3. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, deleted "Such rules and regulations shall include provisions for procedures in the nature of conferences or other techniques to dispose of cases informally or to expedite claim adjudication, narrow issues and simplify the methods of proof of hearings" following the first sentence in Subsection A; and added Subsection D. Requirement that rules and regulations be definite and certain. — Rules and regulations adopted by the workers' compensation administration pursuant to this section should be definite and certain so the parties know what is expected of them. Rodriguez v. El Paso Elec. Co., 1992-NMCA-042, 113 N.M. 672, 831 P.2d 608. Award of prejudgment interest allowed. — Section 56-8-4B NMSA 1978 (award of prejudgment interest) does not apply to decisions made pursuant to the Occupational Disease Disability Law. However, such interest is allowed under Workers' Compensation Division Rules, WCD 89-4(V)(A)(3) (now NMAC 11.4.4.13), promulgated under this section. 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.
NM Stat § 52-5-4.1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-4.1 - Qualifications to be a self-insurer; certification; application; fee.

A. The director shall adopt rules and regulations to determine the qualifications necessary to be a self-insurer. To qualify to be a self-insurer, a private employer must show to the satisfaction of the director that the employer is financially solvent and that providing workers' compensation and occupational disease disablement insurance coverage is unnecessary. The director shall consider the employer's financial ability to pay promptly workers' compensation and occupational disease disablement benefits and assessments that may be imposed under the Self-Insurers' Guarantee Fund Act. B. The director shall certify each private employer who qualifies to be a self-insurer. C. Each application for certification as a self-insurer shall be accompanied by payment of a fee not to exceed one hundred fifty dollars ($150). The fee shall be set by the director as necessary to cover the administrative costs of evaluating the applicants' qualifications. The fee shall be deposited in the workers' compensation administration fund. D. Any employer formerly certified as a self-insurer who ceases to be certified may not apply again for certification until three years after certification ceases. History: Laws 1990 (2nd S.S.), ch. 3, § 6. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 3, § 10 made Laws 1990 (2nd S.S.), ch. 3, § 6 effective January 1, 1991. Compiler's notes. — For the Self-Insurers' Guarantee Fund Act, see 52-8-1 NMSA 1978 and compiler's notes thereto.
NM Stat § 52-5-11 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 5 - Workers' Compensation Division|Section 52-5-11 - Minors and incompetents.

A. If a guardian or legal representative has been appointed for a person who is incompetent or a minor, payment of compensation benefits under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] shall be made to the guardian or legal representative. B. If no guardian or legal representative has been appointed and notwithstanding any provisions of law to the contrary, the compensation benefits payable to a minor or incompetent person may, upon approval of the director after hearing, be paid by the employer in whole or in such part as the director determines for and on behalf of the minor or incompetent person directly to the person caring for, supporting or having custody of the minor or incompetent person, without requiring the appointment of a guardian or legal representative. The director may petition a court of competent jurisdiction for appointment of a guardian or other representative to receive compensation benefits payable to, or to represent in compensation proceedings, any person who is incompetent or a minor. C. The director may require of a guardian or other legal representative or of any person to whom compensation benefits may be paid under this section an accounting of the disposition of the funds received by the person under the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law and for and on behalf of the minor or incompetent person. D. Nothing in the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law precludes the payment of compensation benefits directly to a minor or incompetent person with the approval of the director. E. The payment of compensation by the employer in accordance with the order of the director discharges the employer from all further obligation as to that compensation. History: Laws 1986, ch. 22, § 37; 1989, ch. 263, § 80. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Workers' compensation statute as barring illegally employed minor's tort action, 77 A.L.R.4th 844.