NM Stat § 52-3-33 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 3 - Occupational Disease Disablement|Section 52-3-33 - Occupational diseases; definition.

As used in the New Mexico Occupational Disease Disablement Law, "occupational disease" includes any disease peculiar to the occupation in which the employee was engaged and due to causes in excess of the ordinary hazards of employment as such and includes any disease due to, or attributable to, exposure to or contact with any radioactive material by an employee in the course of his employment. History: 1953 Comp., § 59-11-21, enacted by Laws 1973, ch. 239, § 7. ANNOTATIONSAn occupational disease must result from the occupation, not the workplace, in order to be compensable. Chadwick v. Public Serv. Co., 1986-NMCA-123, 105 N.M. 272, 731 P.2d 968, cert. denied, 105 N.M. 290, 731 P.2d 1334 (1987). Disease must be natural incident of particular occupation. — To come within the definition, an occupational disease must be a disease which is a natural incident of a particular occupation, and must attach to that occupation a hazard which distinguishes it from the usual run of occupations and is in excess of that attending employment in general. Marable v. Singer Bus. Machs., 1978-NMCA-113, 92 N.M. 261, 586 P.2d 1090. Meaning of "peculiar to". — The phrase "peculiar to" is not used in the sense that the disease must be one which originates exclusively from the particular kind of employment in which the employee is engaged, but rather in the sense that the conditions of that employment must result in a hazard which distinguishes it in character from the general run of occupations. Martinez v. University of Cal., 1979-NMSC-073, 93 N.M. 455, 601 P.2d 425. Occupational disease does not include a disease which results from peculiar conditions surrounding the workmen's ( workers') employment as long as the nature of that work is not more likely to cause the disability than other kinds of employment carried on under the same conditions. Marable v. Singer Bus. Machs., 1978-NMCA-113, 92 N.M. 261, 586 P.2d 1090. A gradual, noise-induced hearing loss is an accidental injury compensable under Section 52-1-28 NMSA 1978 of the Workers' Compensation Act, and is not an occupational disease. Cisneros v. Molycorp, Inc., 1988-NMCA-080, 107 N.M. 788, 765 P.2d 761, cert. denied, 107 N.M. 785, 765 P.2d 758. An allergy may be an occupational disease; whether it is an occupational disease depends upon whether there is a recognizable link between the disease and some distinctive feature of the claimant's job. Chadwick v. Public Serv. Co., 1986-NMCA-123, 105 N.M. 272, 731 P.2d 968, cert. denied, 105 N.M. 290, 731 P.2d 1334 (1987). Allergic reaction may be compensable under the Workmen's (Workers') Compensation Act rather than as an occupational disease. Chadwick v. Public Serv. Co., 1986-NMCA-123, 105 N.M. 272, 731 P.2d 968, cert. denied, 105 N.M. 290, 731 P.2d 1334 (1987). Allergy caused by airborne substances at a generating station is not a distinctive feature of the work of a mechanic, and the risk of such a disease is not a hazard common to a mechanic's job. Chadwick v. Public Serv. Co., 1986-NMCA-123, 105 N.M. 272, 731 P.2d 968, cert. denied, 105 N.M. 290, 731 P.2d 1334 (1987). Allergic disorder which resulted from an employee's inhalation of paint fumes while on the job qualified as an occupational disease as defined in this section, even where plaintiff was allergic to substances found in other occupations besides painting, and where other employees were exposed to fumes but did not become ill. Herrera v. Fluor Utah, Inc., 1976-NMCA-045, 89 N.M. 245, 550 P.2d 144, cert. denied, 89 N.M. 321, 551 P.2d 1368. Female employee cannot recover for occupational disease caused by harassment by male employees, since it is not a natural incident of the employment. It is not linked with a process used by the employer by which the disease is caused; therefore, it is not an occupational disease. Marable v. Singer Bus. Machs., 1978-NMCA-113, 92 N.M. 261, 586 P.2d 1090. Law reviews. — For article, "Survey of New Mexico Law, 1979-80: Workmen's Compensation," see 11 N.M.L. Rev. 235 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 326, 327. Mental disorders as compensable under workmen's compensation acts, 97 A.L.R.3d 161. Cancer as compensable under workers' compensation acts, 19 A.L.R.4th 639. Workers' compensation: Lyme disease, 22 A.L.R.5th 246. 99 C.J.S. Workmen's Compensation § 169.