reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-70 - Offset of unemployment compensation benefits.

A. No total disability benefits shall be payable under the Workers' Compensation Act for any weeks in which the injured worker has received or is receiving unemployment compensation benefits, except as provided in this section.
B. If a worker is entitled to receive unemployment compensation benefits and would otherwise be entitled to receive total disability benefits, the unemployment compensation benefits shall be primary and total disability benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disability benefits that would otherwise be payable.
History:
1978 Comp., § 52-1-70, enacted by Laws 1987, ch. 235, § 28.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 2 - Subsequent Injuries (Repealed, Recompiled.) › Section 52-2-1 to 52-2-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1996 (1st S.S.), ch. 10, § 5 repealed 52-2-1 NMSA 1978, as enacted by Laws 1961, ch. 134, § 1, the short title section for the Subsequent Injury Act, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-2 and 52-2-3 NMSA 1978, as amended by Laws 1989, ch. 263, §§ 44 and 45, relating to policy, legislative intent and definitions, effective March 29, 1996. For provisions of former sections,
see
the 1995 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 2 - Subsequent Injuries (Repealed, Recompiled.) › Section 52-2-3.1 - Recompiled.

ANNOTATIONS
Recompilations.
— Section 52-2-3.1 NMSA 1978, relating to definitions of "director" and "hearing officer", was recompiled as 52-1-1.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 2 - Subsequent Injuries (Repealed, Recompiled.) › Section 52-2-4 to 52-2-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1996 (1st S.S.), ch. 10, § 5 repealed 52-2-4 and 52-2-5 NMSA 1978, as enacted by Laws 1961, ch. 134, §§ 4 and 5, respectively, relating to the subsequent injury fund, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-6 to 52-2-9 NMSA 1978, as enacted by Laws 1975, ch. 298, § 2 and Laws 1961, ch. 134, §§ 6, 7 and 9, respectively, relating to certificates of pre-existing permanent physical impairments, restrictions on lump sum payments, collection of money due fund, and compensable injuries, effective March 29, 1996. For provisions of former sections,
see
the 1995 NMSA 1978 on
NMOneSource.com
.
Laws 1986, ch. 22, § 102 repealed former 52-2-10 NMSA 1978, as enacted by Laws 1961, ch. 134, § 10, relating to certification of employers qualified as self-insured, effective May 21, 1986.
Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-11 and 52-2-12 NMSA 1978, as enacted by Laws 1961, ch. 134, §§ 11 and 12, respectively, relating to liability for payment and awards, effective March 29, 1996. For provisions of former sections,
see
the 1995 NMSA 1978 on
NMOneSource.com
.
Laws 1988, ch. 109, § 8 repealed 52-2-13 NMSA 1978, as enacted by Laws 1961, ch. 134, § 13, relating to determination of rights, effective March 8, 1988.
Laws 1996 (1st S.S.), ch. 10, § 4 repealed 52-2-14 NMSA 1978, as enacted by Laws 1988, ch. 109, § 7, relating to the employer's statute of limitations and notice, effective March 29, 1996. For provisions of former sections,
see
the 1995 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-3 - Definitions; employee and lessee in mines.

The term "employee" or "worker" as used in the New Mexico Occupational Disease Disablement Law means:
A. every person in the service of the state and of a county, municipality or school district, including the regular members of lawfully constituted police and fire departments of municipalities;
B. every person in the service of any employer subject to the New Mexico Occupational Disease Disablement Law including aliens and minors legally or illegally permitted to work for hire, but not including a person whose employment is casual and is not in the usual course of the trade, business or occupation of the employer and not including ranching or agricultural workers and domestic servants of employers exempt under Section 52-3-2 NMSA 1978 unless the employer shall so elect; and
C. lessees of mining property and their employees who are engaged in the performance of work that is a part of the business conducted by the lessor and over whose work the lessor retains supervision or control are within the meaning of this section employees of such lessor.
History:
1941 Comp., § 57-1103, enacted by Laws 1945, ch. 135, § 3; 1953 Comp., § 59-11-3; Laws 1975, ch. 317, § 2; 1990 (2nd S.S.), ch. 2, § 33.
ANNOTATIONS
The 1990 (2nd S.S.) amendment,
effective January 1, 1991, inserted "or worker" in the introductory undesignated paragraph; substituted "municipality" for "city, town, municipal corporation" and "municipalities" for "cities and towns" in Subsection A; substituted "52-3-2 NMSA 1978" for "59-11-2 NMSA 1953" in Subsection B; and substituted "that" for "which" in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Mines and Minerals §§ 255, 256, 257.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-5 - Acceptance.

A. All employers of employees, subject to the provisions of the New Mexico Occupational Disease Disablement Law, shall be conclusively presumed to have accepted the provisions of the New Mexico Occupational Disease Disablement Law.
B. Election on the part of the employer or of an employer of private domestic servants or of an employer of ranching or agricultural laborers or of a person for whom the services of a qualified real estate salesperson are performed exempt from the New Mexico Occupational Disease Disablement Law under the provisions of Section 52-3-2 NMSA 1978 and partners or self-employed persons to be subject to the New Mexico Occupational Disease Disablement Law may be made by filing in the office of the superintendent of insurance a written statement to the effect that he accepts the provisions of the New Mexico Occupational Disease Disablement Law or an insurance or security undertaking as required by Section 52-3-9 NMSA 1978.
C. Every employee shall be conclusively presumed to have accepted the provisions of the New Mexico Occupational Disease Disablement Law if his employer is subject to its provisions and has complied with its requirements, including insurance.
D. Such compliance with the provisions of the New Mexico Occupational Disease Disablement Law, including the provisions for insurance, shall be construed to be a surrender by the employer and the employee of their rights to any other method, form or amount of compensation or determination thereof or to any cause of action, action at law, suit in equity or statutory or common law right or remedy or proceeding whatever for or on account of such disablement or death of such employee resulting therefrom than as provided in the New Mexico Occupational Disease Disablement Law and shall bind the employee himself and, for compensation for his death, shall bind his personal representative, his surviving spouse and next of kin, as well as the employer and those conducting his business during bankruptcy or insolvency.
History:
1941 Comp., § 57-1105, enacted by Laws 1945, ch. 135, § 5; 1953 Comp., § 59-11-5; Laws 1971, ch. 261, § 7; 1972, ch. 65, § 4; 1973, ch. 239, § 2; 1975, ch. 317, § 3; 1980, ch. 88, § 1; 1987, ch. 260, § 3; 1989, ch. 263, § 50; 1990 (2nd S.S.), ch. 2, § 34.
ANNOTATIONS
Cross references.
— For when right to compensation exclusive,
see
52-3-8 NMSA 1978.
The 1990 (2nd S.S.) amendment,
effective January 1, 1991, rewrote Subsection A and, in Subsection B, substituted "an employer" for "employers" twice and inserted "for" following "person".
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-6 - Application of provisions of the New Mexico Occupational Disease Disablement Law to certain corporations' employees.

A. Notwithstanding any provisions to the contrary in the New Mexico Occupational Disease Disablement Law, an employee, as defined in Subsection F of this section, of a business or professional corporation who is also an employee as defined in the New Mexico Occupational Disease Disablement Law may affirmatively elect not to accept the provisions of the New Mexico Occupational Disease Disablement Law.
B. Each employee desiring to affirmatively elect not to accept the provisions of the New Mexico Occupational Disease Disablement Law may do so by filing an election in the office of the director.
C. Each employee desiring to revoke his affirmative election not to accept the provisions of the New Mexico Occupational Disease Disablement Law may do so by filing a revocation of the affirmative election with the occupational disease disablement insurer and in the office of the director. The revocation shall become effective thirty days after filing. The employee shall cause a copy of the revocation to be mailed to the board of directors of the business or professional corporation.
D. The filing of an affirmative election not to accept the provisions of the New Mexico Occupational Disease Disablement Law shall create a conclusive presumption that such employee is not covered by the New Mexico Occupational Disease Disablement Law until the effective date of a revocation filed pursuant to this section. The filing of an affirmative election not to accept the provisions of the New Mexico Occupational Disease Disablement Law shall apply to all corporations in which the employee has a financial interest.
E. In counting the number of workers of an employer to determine whether the employer comes within the New Mexico Occupational Disease Disablement Law, an employee who has filed an affirmative election not to be subject to the New Mexico Occupational Disease Disablement Law shall also be counted as one of the workers employed by such employer.
F. For purposes of this section:
(1) "executive officer" means the chairman of the board, president, vice president, secretary or treasurer; and
(2) "employee" means an executive officer owning ten percent or more of the outstanding stock of the business or professional corporation.
History:
1953 Comp., § 59-11-5.1, enacted by Laws 1975, ch. 317, § 4; 1980, ch. 88, § 2; 1987, ch. 235, § 32.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-7 - Defenses to action by employee.

In an action against an employer who has not complied with Section 52-3-9 NMSA 1978 to recover damages for an occupational disease sustained by an employee while engaged in the line of his duty as such, or for death resulting from occupational diseases so sustained in which recovery is sought upon the ground of want of ordinary care of the employer or of the officer, agent or servant of the employer, it shall not be a defense:
A. that the employee, either expressly or impliedly assumed the risk of the hazard complained of as due to the employer's negligence;
B. that the occupational disease or death was caused, in whole or in part, by the want of ordinary care of a fellow servant; or
C. that the occupational disease or death was caused, in whole or in part, by the want of ordinary care of the employee where such want of care was not wilful.
Any employer who has complied with the provisions of this act, including the provisions relating to insurance, shall not be subject to any other liability whatsoever for the disablement of or death of any employee from occupational disease, except as in this act provided; and all causes of action, actions at law, suits in equity and proceedings whatever, and all statutory and common-law rights and remedies for and on account of such death of, or occupational disease of, any such employee and accruing to any and all persons whomsoever, are hereby abolished except as in this act provided.
History:
1941 Comp., § 57-1106, enacted by Laws 1945, ch. 135, § 6; 1953 Comp., § 59-11-6; Laws 1973, ch. 239, § 3.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
52-3-1 NMSA 1978 and the compiler's notes thereto.
The New Mexico Rules of Procedure for the district courts provide that there shall be only one form of action, "civil action."
See
Rule 1-002 NMRA.
Law reviews.
— For note, "Comparative v. Contributory Negligence: The Effect of Plaintiff's Fault," see 6 N.M. L. Rev. 171 (1975).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-8 - Right to compensation; exclusive when.

The right to the compensation provided for in this act, in lieu of any other liability whatsoever, to any and all persons whomsoever, for any disablement from occupational disease or death resulting therefrom, shall obtain in all cases where the following conditions occur:
A. where at the time of disablement both employer and employee are subject to the provisions of this act; and where the employer has complied with the provisions hereof regarding insurance;
B. where at the time of disablement the employee is performing service arising out of and in the course of his employment;
C. where the disablement or death is proximately caused by an occupational disease arising out of and in the course of his employment, and is not intentionally self-inflicted.
History:
1941 Comp., § 57-1107, enacted by Laws 1945, ch. 135, § 7; 1953 Comp., § 59-11-7.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
52-3-1 NMSA 1978 and the compiler's notes thereto.
Disease contracted from pigeons roosting in warehouse.
— Where worker was injured and died from psittacosis which worker contracted from exposure to pigeons and pigeon feces in the warehouse where worker was employed as a laborer, while worker was performing the duties that were assigned to worker by the employer during work hours; and there was no evidence that pigeons or psittacosis were incidental to the character of the employer's oilfield supply business or businesses that employ people in warehouses, psittacosis was not a natural incident of employment in the warehouse and worker's injury and death did not fall within the exclusivity provisions of the occupational disease disablement law.
Castillo v. Caprock Pipe & Supply, Inc.
, 2012-NMCA-085, 285 P.3d 1072, cert. denied, 2012-NMCERT-007.
Receipt of retirement benefits
would not prevent a workman (worker) from receiving occupational disease benefits if disablement has been established.
Salazar v. Kaiser Steel Corp.
, 1973-NMCA-068, 85 N.M. 254, 511 P.2d 580 (Ct. App.), cert. denied, 85 N.M. 229, 511 P.2d 555.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
30 C.J.S. Employers' Liability §§ 4 to 11.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-9 - Filing insurance under the New Mexico Occupational Disease Disablement Law.

A. Every employer subject to the New Mexico Occupational Disease Disablement Law shall file in the office of the director evidence of workers' occupational disease disablement insurance coverage in the form of a certificate containing that information required by regulation of the director. The required certificate must be provided by an authorized insurer as defined in Section 59A-1-8 NMSA 1978. In case any employer is able to show to the satisfaction of the director that he is financially solvent and that providing insurance coverage is unnecessary, the director shall issue him a certificate to that effect, which shall be filed in lieu of the certificate of insurance. The director shall provide by regulation the procedures for reviewing, renewing and revoking any certificate excusing an employer from filing a certificate of insurance, including provisions permitting the director to condition the issuance of the certificate upon the employer's proving adequate security.
B. Any certificate of the director filed under the provisions of this section shall show the post office address of that employer.
C. Every contract or policy insuring against liability for workers' occupational disease disablement benefits or certificate that is filed under the provisions of this section shall provide that the insurance carrier or the employer shall be directly and primarily liable to the worker and, in event of his death, his dependents, to pay the compensation for which the employer is liable.
D. In the event of an insurance policy cancellation, the occupational disease disablement insurance carrier shall file notice with the director within ten days of such cancellation on a form approved by the director.
History:
1978 Comp., § 52-3-9, enacted by Laws 1987, ch. 235, § 33; 1990 (2nd S.S.), ch. 2, § 35.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, ch. 235, § 33, repealed former 52-3-9 NMSA 1978, as amended by Laws 1986, ch. 22, § 55 and enacted a new section, effective June 19, 1987.
The 1990 (2nd S.S.) amendment,
effective January 1, 1991, added the second sentence in Subsection A, substituted "that" for "which" following "certificate" in Subsection C, and rewrote Subsection D which formerly pertained to the applicability of the section to localities.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-9.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 172, § 4 repealed 52-3-9.1 NMSA 1978, as enacted by Laws 1980, ch. 88, § 4, relating to fee for filing insurance policy or security bond in office of director, effective June 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-9.2 - Destruction of policies, bonds and undertakings.

From and after the expiration of three years following the date of filing any insurance policy or certificate thereof, bond or undertaking pursuant to the provisions of Section 52-3-9 NMSA 1978, the director may, in his discretion, authorize the destruction of such insurance policies, certificates, bonds and undertakings.
History:
1978 Comp., § 52-3-9.2, enacted by Laws 1980, ch. 88, § 5; 1987, ch. 235, § 35.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-9.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 235, § 54B repealed 52-3-9.3 NMSA 1978, as enacted by Laws 1980, ch. 88, § 8, relating to temporary certificates of self-insurance, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-11 - Last employer liable; exception.

Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of employment resulting in such disease, provided that in the case of silicosis or asbestosis the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust or asbestos dust during a period of sixty days or more.
History:
1941 Comp., § 57-1111, enacted by Laws 1945, ch. 135, § 11; 1953 Comp., § 59-11-11.
ANNOTATIONS
Where radiation injury
under penultimate employer was tremendous and under present employer was little, because any amount was injurious, the last (present) employer is liable under this section because all that is required of the last injurious exposure is that it be injurious.
McCormick v. United Nuclear Corp.
, 1976-NMCA-106, 89 N.M. 740, 557 P.2d 589, cert. denied, 90 N.M. 8, 558 P.2d 620.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation §§ 326, 327.
99 C.J.S. Workmen's Compensation § 169.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-12 - Not applicable in certain cases.

This act shall not be construed to apply to business 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:
1941 Comp., § 57-1112, enacted by Laws 1945, ch. 135, § 12; 1953 Comp., § 59-11-12.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
52-3-1 NMSA 1978 and the compiler's notes thereto.
Cross references.
— For extraterritorial coverage,
see
52-3-55 NMSA 1978.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-13 - Dependents defined; determination of.

A. The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of the New Mexico Occupational Disease Disablement Law:
(1) a child under eighteen years of age or incapable of self-support and unmarried or under twenty-three years of age if enrolled as a full-time student in any accredited educational institution;
(2) the widow or widower, only if living with the deceased at the time of his death or legally entitled to be supported by him, including a divorced spouse entitled to alimony;
(3) a parent or grandparent only if actually dependent, wholly or partially, upon the deceased;
(4) a grandchild, brother or sister only if under eighteen years of age, or incapable of self-support, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the disablement.
(5) questions as to who constitute dependents, and the extent of their dependency, shall be determined as of the date of the disablement and their right to any death benefits shall cease upon the happening of any one of the following contingencies:
(a) upon the marriage of the widow or widower;
(b) upon a child, grandchild, brother or sister reaching the age of eighteen years, unless at such time said child, grandchild, brother or sister is physically or mentally incapacitated from earnings, or upon a dependent child, grandchild, brother or sister becoming self-supporting prior to attaining said age, or, if a child, grandchild, brother or sister over eighteen who is enrolled as a full-time student in any accredited educational institution ceases to be so enrolled or reaches the age of twenty-three. A child, grandchild, brother or sister who originally qualified as a dependent by virtue of being less than eighteen years of age may, upon reaching age eighteen, continue to qualify if physically or mentally incapable of self-support and actually dependent or enrolled in an educational institution;
(c) upon the death of any dependent.
B. As used in this section the term "child" includes stepchildren, adopted children, posthumous children, wholly dependent grandchildren and acknowledged illegitimate children, but does not include married children unless dependent. The words "adopted" and "adoption" as used in the New Mexico Occupational Disease Disablement Law shall include cases where persons are treated as adopted as well as those of legal adoption.
History:
1941 Comp., § 57-1113, enacted by Laws 1945, ch. 135, § 13; 1953 Comp., § 59-11-13; Laws 1965, ch. 299, § 1; 1973, ch. 46, § 1; 1977, ch. 276, § 1.
ANNOTATIONS
Compiler's notes.
— It appears that Paragraph (5) of Subsection A is not actually a part of Subsection A, but it has been so designated because it is set out in the acts in such manner.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-16 - Claim to be filed for occupational disease disablement benefits; effect of failure to give required notice or to file claim within time allowed.

A. If any employer or his insurer fails or refuses to pay a worker any installment of benefits to which the worker is entitled under the New Mexico Occupational Disease Disablement Law, after notice has been given as required by Section 52-3-19 NMSA 1978, it is the duty of the worker insisting on the payment of benefits to file a claim therefor as provided in the New Mexico Occupational Disease Disablement Law not later than one year after the failure or refusal of the employer or insurer to pay benefits.
B. If the worker fails to give notice in the manner and within the time required by Section 52-3-19 NMSA 1978 or if the worker fails to file a claim for benefits within the time required by this section, his claim for benefits, all his right to the recovery of benefits and the bringing of any proceeding for the recovery of compensation are forever barred.
C. In case of the death of a worker who would have been entitled to receive benefits if death had not occurred, claim for benefits may be filed on behalf of his eligible dependents to recover benefits from the employer or his insurer.
D. Payment may be received or claim filed by any person whom the court may authorize or permit on behalf of the eligible beneficiaries.
E. No claim shall be filed, however, to recover benefits for the death of the worker unless he or someone on his behalf or on behalf of his eligible dependents has given notice in the manner and within the time required by Section 52-3-19 NMSA 1978 and unless the claim is filed within one year from the date of the worker's death.
History:
1953 Comp., § 59-11-15.1, enacted by Laws 1965, ch. 299, § 4; 1986, ch. 22, § 58; 1989, ch. 263, § 52.
ANNOTATIONS
Requirement that written claim be filed within 90 days is mandatory.
Holman v. Oriental Refinery
, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471 (decided under former law).
No provision for extension of time limit to file claim.
— Section 37-1-17 NMSA 1978 prohibits Section 37-1-14 NMSA 1978 from applying in workmen's (workers') compensation and occupational disablement cases, since the Workmen's (Workers') Compensation Act and the Occupational Disablement Law contain specific statutes of limitations in Section 52-1-31 NMSA 1978 and this section, and neither act provides a saving clause allowing for an extension of the specified time limit for filing a claim.
Ortega v. Shube
, 1979-NMCA-130, 93 N.M. 584, 603 P.2d 323,
overruled on other grounds by
Bracken v. Yates Petroleum Corp.
, 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-18 - Determination by worker's compensation division of the labor department.

All issues of fact or law arising under the New Mexico Occupational Disease Disablement Law shall be determined by the worker's compensation division of the labor department pursuant to the provisions of Chapter 52 NMSA 1978.
History:
1953 Comp., § 59-11-16, enacted by Laws 1965, ch. 299, § 5; 1986, ch. 22, § 60; 1987, ch. 342, § 29.
ANNOTATIONS
Application of rules of procedure.
— Language in this section is comparable to Section 52-1-34 NMSA 1978 (repealed) of the present Workmen's (Workers') Compensation Law and under the rules noted above requires application of the rules of civil procedure in cases arising under the Occupational Disease Disablement Law unless not reasonable to do so.
Holman v. Oriental Refinery
, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471 (decided under former law).
Relation back of amended complaint.
— All that is required by Section 52-3-42 NMSA 1978 is the timely filing of a complaint. As noted, this section provides that this may be done informally, but so long as facts are pleaded from which the employee's rights may be determined, defects may be corrected. An amended claim may relate back to the date of the original claim if such amended claim arose out of the same conduct, transaction or occurrence as the claim set forth in the original complaint. If it did, it will be related back to the date of the filing of the original complaint.
Holman v. Oriental Refinery
, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-20 - Payment of benefits in installments.

Benefits shall be paid by the employer to the worker in installments. The first installment shall be paid not later than fourteen days after the worker has missed seven days of lost time from work, whether or not the days are consecutive. Remaining installments shall be paid twice a month at intervals not more than sixteen days apart, in sums as nearly equal as possible, except as provided in Section 52-5-12 NMSA 1978.
History:
1953 Comp., § 59-11-16.2, enacted by Laws 1965, ch. 299, § 7; 1989, ch. 263, § 55; 1993, ch. 193, § 6; 2003, ch. 259, § 7.
ANNOTATIONS
Cross references.
— For payment of compensation benefits; installments,
see
52-1-30 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "the worker has missed seven days of lost time from work, whether or not the days are consecutive" for "the filing of the report required in Section 52-3-51 NMSA 1978" at the end of the first sentence and added "except as provided in Section 52-5-12 NMSA 1978" at the end of the section.
The 1993 amendment,
effective June 18, 1993, in the second sentence, substituted "fourteen" for "thirty one" and "filing of the report required in Section 52-3-51 NMSA 1978" for "date of occurrence of the disablement".
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-21 to 52-3-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 22, § 102 repealed 52-3-21 through 52-3-24 NMSA 1978, as enacted by Laws 1965, ch. 299, relating to the filing and trial of claims, effective May 21, 1986. For present comparable provisions,
see
52-3-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-25 - Effect of failure of worker to file claim by reason of conduct of employer.

The failure of any person entitled to benefits under the New Mexico Occupational Disease Disablement Law to give any notice or file any claim within the time fixed by that law shall not deprive the person of the right to benefits where the failure was caused in whole or in part by the conduct of the employer or insurer which reasonably led the person entitled to compensation to believe the benefits would be paid.
History:
1953 Comp., § 59-11-16.7, enacted by Laws 1965, ch. 299, § 12; 1986, ch. 22, § 61; 1989, ch. 263, § 56.
ANNOTATIONS
Cross references.
— For effect of failure to give required notice or to file claim within time allowed,
see
52-3-16 NMSA 1978.
For effect of failure of employee to file claim or bring suit by reason of conduct of employer,
see
52-3-50 NMSA 1978.
Company closing office.
— This section is not applicable where no evidence appears in the record that defendant company's conduct in closing the tunnel office without knowledge of any claim of plaintiff led plaintiff to believe his compensation would be paid.
Sanchez v. Azotea Contractors
, 1973-NMCA-039, 84 N.M. 764, 508 P.2d 34.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-26 to 52-3-30 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 22, § 102 repealed former 52-3-26 through 52-3-30 NMSA 1978, relating to judgment, appeals, and venue of claims, effective May 21, 1986. For present comparable provisions,
see
52-3-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-31 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 153, § 1, repealed 52-3-31 NMSA 1978, relating to disablement or death payment due to silicosis or asbestosis.
Laws 1983, ch. 153, contained no effective date provision, but was enacted at the session which adjourned on March 19, 1983.
See
N.M. Const., art. IV, § 23.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-34 - When complicated with other diseases; payments.

In cases of disablement or death from silicosis, complicated with tuberculosis of the lungs, compensation shall be payable as for disablement or death from silicosis alone. In case of disablement or death from silicosis when complicated with any disease other than tuberculosis of the lungs, compensation shall be reduced as provided in Section 30 [52-3-43 NMSA 1978].
History:
1941 Comp., § 57-1121, enacted by Laws 1945, ch. 135, § 21; 1953 Comp., § 59-11-22.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-35 - Termination of compensation; reopening award; time; limits.

Payment of compensation for disablement shall cease upon the termination of the disablement. An application to terminate compensation awarded may be made to the director by any person in interest, or the termination may be decided by the workers' compensation judge upon his own motion. Notice of decision as to termination shall be given by the workers' compensation judge to all parties in interest. Where the disablement has terminated and within one year thereafter, or in case of silicosis or asbestosis within two years, the disablement recurs as a result of the occupational disease for which the award was made, the workers' compensation judge may order resumption of compensation if claim therefor is made within sixty days after the recurrence of the disablement.
History:
1941 Comp., § 57-1122, enacted by Laws 1945, ch. 135, § 22; 1953 Comp., § 59-11-23; Laws 1986, ch. 22, § 62; 1989, ch. 263, § 58.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
101 C.J.S. Workmen's Compensation § 837.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-36 - Conversion to lump-sum payment.

The workers' compensation judge may approve an agreement for the conversion of disease disablement benefits into a lump-sum payment.
History:
1978 Comp., § 52-3-36, enacted by Laws 1987, ch. 235, § 39; 1989, ch. 263, § 59.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-37 - Compensation exempt from execution.

Compensation shall be exempt from claims of creditors and from any attachment, garnishment or execution, and shall be paid only to such claimant or his personal representative, or such other persons as the court may, under the terms hereof, appoint to receive or collect the same. No claim or judgment for compensation, under this act, shall accrue to or be recovered by relatives or dependents not residents of the United States.
History:
1941 Comp., § 57-1124, enacted by Laws 1945, ch. 135, § 24; 1953 Comp., § 59-11-25.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
52-3-1 NMSA 1978 and the compiler's notes thereto.
Cross references.
— For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-38 - Minor deemed sui juris.

A minor working at an age and at an occupation legally permitted shall be deemed of the age of majority for the purpose of the New Mexico Occupational Disease Disablement Law, and no other person shall have any cause of action or right to compensation for disablement of the minor worker, but in the event of the approval of an agreement for lump sum settlement of compensation to the minor, the sum shall be paid only to the legally appointed guardian of the minor.
History:
1941 Comp., § 57-1125, enacted by Laws 1945, ch. 135, § 25; 1953 Comp., § 59-11-26; Laws 1989, ch. 263, § 60.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-40 - Autopsy in death claims.

A. On the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary to ascertain the cause of death, it may be ordered by the workers' compensation judge and shall be made by a qualified person designated by the workers' compensation judge. Any interested person may designate a licensed physician to attend the autopsy, and the findings of the person performing the autopsy shall be filed with the workers' compensation judge and be a public record. All proceedings for compensation shall be suspended upon the refusal of a claimant or claimants to permit the autopsy when so ordered.
B. When an autopsy has been performed pursuant to any order of the workers' compensation judge, no cause of action therefor shall be against any person, firm or corporation participating in or requesting the autopsy.
History:
1941 Comp., § 57-1127, enacted by Laws 1945, ch. 135, § 27; 1953 Comp., § 59-11-28; reenacted by Laws 1986, ch. 22, § 64; 1989, ch. 263, § 62.
ANNOTATIONS
Cross references.
— For the New Mexico Occupational Disease Disablement Law,
see
52-3-1 NMSA 1978 and compiler's notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation § 605.
100 C.J.S. Workmen's Compensation § 458.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-41 - Absence; employee to give notices of.

Any employee to whom compensation has been allowed or awarded who desires to leave the locality in which he was employed shall report to his attending physician for examination and shall notify the director in writing of his intention, accompanying the notice with a certificate from the attending physician setting forth the exact nature of the disablement and the condition of the employee with a statement of the probable length of time the disablement will continue. The director may, after the receipt of the request and certificate, consent that the employee leave the locality and give notice thereof to the employer. Otherwise, no compensation shall be paid during such absence. The director shall have the authority to order any employee to return for treatment or further examination to the locality in which he was employed, and in the event of noncompliance with the order, no further payments of compensation shall be made by the employer.
History:
1941 Comp., § 57-1128, enacted by Laws 1945, ch. 135, § 28; 1953 Comp., § 59-11-29; Laws 1986, ch. 22, § 65.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-42 - Limitation on filing of claims; rights barred unless timely filed.

The right to benefits under the New Mexico Occupational Disease Disablement Law for disablement or death from an occupational disease shall be forever barred unless written claim is filed with the workers' compensation administration within the time provided:
A. if the claim is made by an employee and based upon silicosis, asbestosis, poisoning by benzol or its poisonous derivatives or any other disease except as provided in this section, it must be filed within one year from the date of the beginning of disablement of the employee; but
B. in cases involving radiation injury or disability, the one-year period for filing claims shall not begin to run until the employee:
(1) sustains such injury or disability; and
(2) knows or by the exercise of reasonable diligence should know of the existence of the injury or disability and its possible relationship to his employment;
C. if the claim is made by a dependent of an employee and based upon death resulting from an occupational disease, it must be filed within one year after the date of death of the employee; and
D. in the event that after disablement or death the employer or his surety has commenced the payment of benefits hereunder, without a claim being filed therefor, the times provided in Subsections A, B and C of this section shall not begin to run until thirty-one days after the employer or surety discontinues the payment of compensation.
History:
1953 Comp., § 59-11-30, enacted by Laws 1965, ch. 299, § 18; 1971, ch. 261, § 11; 1986, ch. 22, § 66; 1989, ch. 263, § 63.
ANNOTATIONS
Relation back of amended complaint.
— All that is required by this section is the timely filing of a complaint. As noted, Section 52-3-18 NMSA 1978 provides that this may be done informally, but so long as facts are pleaded from which the employee's rights may be determined, defects may be corrected. An amended claim may relate back to the date of the original claim if such amended claim arose out of the same conduct, transaction or occurrence as the claim set forth in the original complaint. If it did, it will be related back to the date of the filing of the original complaint.
Holman v. Oriental Refinery
, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471.
Limitation on silicosis claim.
— Surviving spouse's claim for death benefits, filed, pursuant to Subsection C, within one year after her husband died of silicosis, was untimely under Section 52-3-10B(3) NMSA 1978, where her husband died sixteen years after the date of his last employment.
Tapia v. Springer Transf. Co.
, 1987-NMCA-089, 106 N.M. 461, 744 P.2d 1264, cert. denied, 106 N.M. 405, 744 P.2d 180.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
When statute of limitations begins to run as to cause of action for development of latent industrial or occupational disease, 1 A.L.R.4th 117.
100 C.J.S. Workmen's Compensation § 468(8).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-43 - When occupational disease aggravated by other diseases.

Where an occupational disease is aggravated by any other disease or infirmity not itself compensable, or where disablement or death from any other cause not itself compensable is aggravated, prolonged, accelerated or in any wise contributed to by an occupational disease, the compensation payable under this act shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disablement or death, as such occupational disease as a causative factor bears to all the causes of such disablement or death, such reduction to be effected by reducing the number of weekly payments.
History:
1941 Comp., § 57-1130, enacted by Laws 1945, ch. 135, § 30; 1953 Comp., § 59-11-31.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
52-3-1 NMSA 1978 and compiler's notes thereto.
Reduction in benefits provided for by this section is for
occupational disease aggravated by other disease or infirmity "not itself compensable" and for "other cause not itself compensable" which is aggravated by an occupational disease.
Vincent v. United Nuclear-Homestake Partners
, 1976-NMCA-105, 89 N.M. 704, 556 P.2d 1180, cert. denied, 90 N.M. 7, 558 P.2d 619.
Benefits awarded for psychological symptoms.
— An award of benefits for "depression," the effect of toxic solvent syndrome, was not error. This section applies only when a worker's occupational disease either aggravates or is aggravated by a noncompensable disease. Benefits can be awarded however, for psychological symptoms of a compensable disease.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
99 C.J.S. Workmen's Compensation § 298.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-44 - No liability prior to effective date.

Nothing in this act shall create any liability on the part of any employer where disablement or death occurred prior to the date on which this act becomes effective nor for death or injury by accident arising out of and in the course of employment.
History:
1941 Comp., § 57-1131, enacted by Laws 1945, ch. 135, § 31; 1953 Comp., § 59-11-32.
ANNOTATIONS
Compiler's notes.
— For the meaning of "this act",
see
52-3-1 NMSA 1978 and compiler's notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
99 C.J.S. Workmen's Compensation § 21.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-45.1 - Unfair claim-processing practices; bad faith.

A. Claims may be filed under the New Mexico Occupational Disease Disablement Law alleging unfair claim-processing practices or bad faith by an employer, insurer or claim-processing representative relating to any aspect of the New Mexico Occupational Disease Disablement Law. The director may also investigate allegations of unfair claim processing or bad faith on his own initiative.
B. If unfair claim processing or bad faith has occurred in the handling of a particular claim, the claimant shall be awarded, in addition to any benefits due and owing, a benefit penalty not to exceed twenty-five percent of the benefit amount ordered to be paid.
C. If an employer, insurer or claim-processing representative has a history or pattern of repeated unfair claim-processing practices or bad faith, the director or a workers' compensation judge may impose a civil penalty of up to one thousand dollars ($1,000) for each violation. The civil penalty shall be deposited in the workers' compensation administration fund.
D. Any person aggrieved by an order under this section may request a hearing pursuant to the New Mexico Occupational Disease Disablement Law.
E. The director shall adopt by regulation definitions of unfair claim-processing practices and bad faith.
F. This section shall not be construed as limiting or interfering with the authority of the superintendent of insurance as provided by law to regulate any insurer, including his jurisdiction over unfair claim settlement practices.
History:
Laws 1990 (2nd S.S.), ch. 2, § 44.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 44 effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-45.2 - Retaliation against employee seeking benefits; civil penalty.

A. An employer shall not discharge, threaten to discharge or otherwise retaliate in the terms or conditions of employment against a worker who seeks occupational disease disablement benefits for the sole reason that that employee seeks occupational disease disablement benefits.
B. Any person who discharges a worker in violation of Subsection A of this section shall rehire that worker pursuant to the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law, provided the worker agrees to be rehired.
C. The director or a workers' compensation judge shall impose a civil penalty of up to five thousand dollars ($5,000) for each violation of the provisions of Subsection A or B of this section.
D. The civil penalty shall be deposited in the workers' compensation administration fund.
History:
Laws 1990 (2nd S.S.), ch. 2, § 47.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 47 effective January 1, 1991.