reglab/statecodes huggingface dataset:
2023 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection B.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-4.1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation §§ 464, 675.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation §§ 128, 129, 161.
2023 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.
ANNOTATIONS
Applicability.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Termination 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.
2023 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.
ANNOTATIONS
No 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-21 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
In 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.
2023 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.
ANNOTATIONS
Effective 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).
2023 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.
ANNOTATIONS
Effective 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).
2023 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.
ANNOTATIONS
The 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).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-27 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-32 to 52-1-35 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-37 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-39 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Limitation 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Effective 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).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-50 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-57 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Employer'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.
2023 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 [health care authority 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 [health care authority 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Failure 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.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-63 - Educational institutions exempt.

Any educational institution in this state employing student labor in aid of students attending the institution by enabling students to defray their tuition and expenses and in which institution any class of machinery or appliances are [is] used for instruction or otherwise and which would subject the institution to the terms of the Workers' Compensation Act as engaging in a hazardous calling or business as defined by that act is hereby exempted from the terms and operations of the Workers' Compensation Act as to any liability accruing to any student so employed; provided, the terms of that act shall in no way relieve any institution from any liability for damages or injuries to any student which would otherwise be recoverable by law.
History:
Laws 1939, ch. 232, § 1; 1941 Comp., § 57-932; 1953 Comp., § 59-10-32; Laws 1989, ch. 263, § 39.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Construction of section.
— The exemption of this section applies to the educational institution, not to student workers.
Bajart v. University of N.M.
, 1999-NMCA-064, 127 N.M. 311, 980 P.2d 94.
The exemption of this section is in the nature of a privilege to claim immunity from the obligations and benefits of the Workers' Compensation Act, and it does not operate to exclude those institutions that wish to be covered by the act.
Bajart v. University of N.M.
, 1999-NMCA-064, 127 N.M. 311, 980 P.2d 94.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 126.
Workers' compensation: student athlete as "employee" of college or university providing scholarship or similar financial assistance, 58 A.L.R.4th 1259.
99 C.J.S. Workmen's Compensation § 57.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-68 - 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 director of workers' compensation division is empowered to promulgate special and general regulations not inconsistent with the provisions of the Workers' Compensation Act 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., § 59-10-33.6, enacted by Laws 1975, ch. 241, § 5; 1989, ch. 263, § 43.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-69 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 22, § 102 repealed 52-1-69 NMSA 1978, as enacted by Laws 1959, ch. 67, § 29, relating to limitation on filing claims, effective May 21, 1986. For present comparable provisions,
see
52-5-18 NMSA 1978.