reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-45.3 - False statements or representations with regard to physical condition; forfeiture.

A. When an employer asks by written questionnaire for the disclosure of a worker's medical condition, no compensation is payable from that employer for a disablement to that worker under the provisions of the New Mexico Occupational Disease Disablement Law if:
(1) the worker knowingly and willfully concealed information or made a false representation of his medical condition;
(2) the employer:
(a) was not aware of the concealed information that, if known, would have been a substantial factor in the initial or continued employment of the worker; or
(b) relied upon the false representation, and this reliance was a substantial factor in the initial or continued employment of the worker; and
(3) a medical condition that was concealed or falsely represented substantially contributed to the disablement.
B. The provisions of this section do not apply unless, in the written questionnaire, the employer clearly and conspicuously discloses that the worker shall be entitled to no future compensation benefits if he knowingly and willfully conceals or makes a false representation about the information requested.
C. Nothing in this section shall be construed to deny or limit compensation benefits paid or being paid for prior disablements.
D. This section shall apply only prospectively. It shall not alter, as to prior reports, the law governing questionnaires and information reported that was in effect prior to the effective date of this section.
History:
Laws 1990 (2nd S.S.), ch. 2, § 46.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 46 effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-45.4 - Compensation benefits limit.

A. Unless otherwise contracted for by the worker and employer, occupational disease disablement 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 New Mexico Occupational Disease Disablement Law shall accordingly be reduced, if necessary, to account for any wages and employer-financed disability benefits a worker receives after the time of disablement. 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 disablements that occur after the effective date of this section; it shall not reduce benefits received or due or affect the benefits due for disablements that occur before the effective date of this section.
History:
Laws 1990 (2nd S.S.), ch. 2, § 45.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 45 effective January 1, 1991.
Compiler's notes.
— The phrase "effective date of this section", referred to in Subsection B, means January 1, 1991, the effective date of Laws 1990 (2nd S.S.), ch. 2, § 45.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-46 - Compensation limited to Occupational Disease Disablement Law; not additional to that provided for accidents.

In all cases where injury results by reason of an accident arising out of or in the course of employment, no compensation under the New Mexico Occupational Disease Disablement Law shall be payable nor shall any compensation be payable under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] for any occupational disease.
History:
1941 Comp., § 57-1133, enacted by Laws 1945, ch. 135, § 33; 1953 Comp., § 59-11-34; Laws 1973, ch. 239, § 8; 1989, ch. 263, § 64.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
When time period commences as to claim under workers' compensation or occupational diseases act for death of worker due to contraction of disease, 100 A.L.R.5th 567.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-48 - Employee to submit to examination and give information regarding self.

A. It is the duty of the employee at the time of his employment or thereafter from time to time at the request of the employer to submit himself to examination by a physician or surgeon duly authorized to practice medicine, who shall be paid by the employer, for the purpose of determining his physical condition.
B. It is also the duty of the employee if requested by his employer to give the names, addresses, relationship and degree of dependency of his dependents, if any, or any subsequent change thereof to the employer, and when the employer or his insurance carrier requires, the employee 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 employee, if requested by the employer or his insurance carrier, to make a detailed verified statement as part of an application for employment disclosing specifically a pre-existing permanent physical impairment as that term is defined in Section 52-2-6 NMSA 1978.
History:
1941 Comp., § 57-1135, enacted by Laws 1945, ch. 135, § 35; 1953 Comp., § 59-11-36; 1987, ch. 235, § 42.
ANNOTATIONS
Compiler's notes.
— Section 52-2-6 NMSA 1978, referred to in Subsection C, was repealed by Laws 1996 (1st S.S.), ch. 10, § 4, effective March 29, 1996.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-49.1 - Rehiring of disabled workers.

A. If an employer is hiring, the employer shall offer to rehire any worker who has stopped working due to a disablement for which he has received or is due to receive benefits under the New Mexico Occupational Disease Disablement Law and who applies for his pre-disablement job or modified job similar to the pre-disablement job, subject to the following conditions:
(1) the worker's treating health care provider certifies that the worker is fit to carry out the pre-disablement job or modified work similar to the pre-disablement job without significant risk of repeating or compounding the disablement; and
(2) the employer has the pre-disablement job or modified work available.
B. If an employer is hiring, that employer shall offer to rehire a worker who applies for any job that pays less than the pre-disablement job and who has stopped working due to a disablement for which he has received, or is due, benefits under the New Mexico Occupational Disease Disablement Law, provided that the worker is qualified for the job and provided that the worker's treating health care provider certifies that the worker is fit to carry out the job offered. Occupational disease disablement benefits of a worker hired pursuant to this subsection shall be reduced as provided in Section 52-1-25.1 NMSA 1978.
C. As used in this section, "rehire" includes putting the disabled worker back to active work, regardless of whether he was carried on the employer's payroll during the period of his inability to work.
History:
Laws 1990 (2nd S.S.), ch. 2, § 48.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 48 effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-50 - Effect of failure of employee to file claim by reason of conduct of employer.

The failure of any person entitled to compensation under the New Mexico Occupational Disease Disablement Law to give notice of disablement or file claim within the time fixed by that law shall not deprive the person of the right to compensation where 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 compensation would be paid.
History:
1941 Comp., § 57-1137, enacted by Laws 1945, ch. 135, § 37; 1953 Comp., § 59-11-38; Laws, 1986, ch. 22, § 69.
ANNOTATIONS
Cross references.
— For effect of failure of workman (worker) to file claim or bring suit by reason of conduct of employer,
see
52-3-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-51 - Reports to be filed with director.

It is the duty of every employer of labor in this state subject to the provisions of the New Mexico Occupational Disease Disablement Law or the employer's disease disablement compensation insurance carrier to make a written report to the director of all claims for disablement that may be filed by any of his employees during the course of their employment. A copy of the report shall be sent by the employer to the worker. Such reports shall be made within ten days after the employer has received notice from the employee of the disablement and upon forms to be furnished by the director containing such information as he may require. Upon request of the director, it is also the duty of the employer or the employer's insurance carrier to file with the director closing reports upon the closing of a claim upon forms approved by the director.
History:
1941 Comp., § 57-1138, enacted by Laws 1945, ch. 135, § 38; 1953 Comp., § 59-11-39; Laws 1986, ch. 22, § 70; 1987, ch. 235, § 43; 1990 (2nd S.S.), ch. 2, § 40.
ANNOTATIONS
The 1990 (2nd S.S.) amendment,
effective January 1, 1991, substituted "that" for "which" in the first sentence, and added the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
101 C.J.S. Workmen's Compensation § 915.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-52 - Notice to director.

A. Every employer of labor within this state subject to the provisions of the New Mexico Occupational Disease Disablement Law or his insurer shall notify the director of the date on which the initial payment of any claim for benefits under the New Mexico Occupational Disease Disablement Law has been made, within ten days after such payment.
B. The director shall provide on a quarterly basis to the child support enforcement bureau of the human services department [health care authority department] the name, social security number, home address and employer of all disabled workers reported.
History:
1941 Comp., § 57-1139, enacted by Laws 1945, ch. 135, § 39; 1953 Comp., § 59-11-40; Laws 1986, ch. 22, § 71; 1990 (2nd S.S.), ch. 2, § 41.
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 1990 (2nd S.S.) amendment,
effective January 1, 1991, designated the preexisting text as Subsection A, substituting therein "any claim for benefits" for "compensation", and added Subsection B.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-53 - 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 New Mexico Occupational Disease Disablement Law or any rule or regulation adopted pursuant to that act. Unless specified otherwise in the New Mexico Occupational Disease Disablement Law, the penalty shall be a fine of not less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000), subject to the director's discretion.
History:
1978 Comp., § 52-3-53, enacted by Laws 1990 (2nd S.S.), ch. 2, § 42.
ANNOTATIONS
Repeals and reenactments.
— Laws 1990 (2nd S.S.), ch. 2, § 42, repealed former 52-3-53 NMSA 1978, as amended by Laws 1986, ch. 22, § 72, and enacted a new section, effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-54 - Director to enforce the New Mexico Occupational Disease Disablement Law.

For the purpose of enforcing the New Mexico Occupational Disease Disablement Law, there are hereby conferred upon the director the following powers and duties, so that when any employer subject to the provisions of the New Mexico Occupational Disease Disablement Law fails to comply with Section 52-3-9 NMSA 1978 relating to the filing of an undertaking in the nature of insurance or security for the payment of benefits under the New Mexico Occupational Disease Disablement Law, the director is hereby empowered to institute in his own name an action in the district court of Santa Fe county or the county wherein 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 52-3-9 NMSA 1978, and upon a showing of the facts above recited, the court shall grant the injunction. In any such action, the attorney general or district attorney for the judicial district wherein the action is brought shall represent the director.
History:
1941 Comp., § 57-1141, enacted by Laws 1945, ch. 135, § 41; 1953 Comp., § 59-11-42; Laws 1986, ch. 22, § 73.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-55 - Extraterritorial coverage.

If an employee, while working outside the territorial limits of this state suffers an occupational disease on account of which he, or in the event of his death, his dependents, would have been entitled to the benefits provided by the New Mexico Occupational Disease Disablement Law had such disease occurred within this state, such employee, or in the event of his death resulting from such disease his dependents, shall be entitled to the benefits provided by this act [52-3-55 to 52-3-59 NMSA 1978], provided that at the time of such disease:
A. his employment is principally localized in this state;
B. he is working under a contract of hire made in this state in employment not principally localized in any state;
C. he is working under a contract of hire made in this state in employment principally localized in another state whose occupational disease disablement law is not applicable to his employer; or
D. he is working under a contract of hire made in this state for employment outside the United States and Canada.
History:
1953 Comp., § 59-11-43, enacted by Laws 1975, ch. 268, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
87 Am. Jur. 2d Workmen's Compensation §§ 84 to 88.
99 C.J.S. Workmen's Compensation §§ 23 to 25.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-56 - Credit for benefits furnished or paid under laws of other jurisdictions.

The payment or award of benefits under the occupational disease disablement law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such occupational disease to the benefits of this act [52-3-55 to 52-3-59 NMSA 1978] shall not be a bar to a claim for benefits under this act; provided that claim under this act is filed within one year after such occupational disease. If compensation is paid or awarded under this act:
A. the medical and related benefits furnished or paid for by the employer under such other occupational disease disablement law on account of such occupational disease shall be credited against the medical and related benefits to which the employee would have been entitled under this act had claim been made solely under this act;
B. the total amount of all income benefits paid or awarded the employee under such other occupational disease disablement law shall be credited against the total amount of income benefits which would have been due the employee under this act, had claim been made solely under this act; and
C. the total amount of death benefits paid or awarded under such other occupational disease disablement law shall be credited against the total amount of death benefits due under this act.
History:
1953 Comp., § 59-11-43.1, enacted by Laws 1975, ch. 268, § 2.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-57 - Nonresident employers employing workers in state; requirement for insurance; enforcement.

A. Every employer not domiciled in the state who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and every other employer not domiciled in the state who employs three or more workers within the state, whether that employment is permanent, temporary or transitory and whether the workers are residents or nonresidents of the state, shall comply with the provisions of Section 52-3-9 NMSA 1978 and, unless self-insured, shall obtain an occupational disease disablement compensation insurance policy or an endorsement to an existing policy, issued in accordance with the provisions of Section 59A-17-10.1 NMSA 1978. An employer who does not comply with the foregoing requirement shall be barred from recovery by legal action for labor or materials furnished during any period of time in which he was not in compliance with the requirements of this section and, if the noncomplying employment is in an activity for which the employer is licensed under the provisions of the Construction Industries Licensing Act, the employer's license is subject to revocation or suspension for the violation.
B. The construction industries division of the regulation and licensing department, or a local government that is carrying out those duties, shall not issue any permit required for a contractor to undertake a construction contract if that contract is for an amount in excess of one hundred thousand dollars ($100,000) unless the contractor has filed with the division proof of compliance with Subsection A of this section.
History:
1978 Comp., § 52-3-57, enacted by Laws 1990 (2nd S.S.), ch. 2, § 43.
ANNOTATIONS
Repeals and reenactments.
— Laws 1990 (2nd S.S.), ch. 2, § 43, repealed former 52-3-57 NMSA 1978, as amended by Laws 1986, ch. 22, § 74, and enacted new section, effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-58 - Locale of employment.

A. A person's employment is principally localized in this or another state when:
(1) his employer has a place of business in this or such other state and he regularly works at or from such place of business; or
(2) if Paragraph (1) of this subsection is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
B. An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another state, and, unless the other state refuses jurisdiction, the agreement shall be given effect under the New Mexico Occupational Disease Disablement Law.
C. As used in Sections 52-3-55 through 52-3-58 NMSA 1978:
(1) "United States" includes only the states of the United States and the District of Columbia;
(2) "state" includes any state of the United States, the District of Columbia or any province of Canada; and
(3) "carrier" includes any insurance company licensed to write workers' compensation insurance in any state of the United States or any state or provincial fund which insures employers against their liabilities under an occupational disease disablement law.
History:
1953 Comp., § 59-11-43.3, enacted by Laws 1975, ch. 268, § 4; 1989, ch. 263, § 67.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-59 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.

For the purpose of effecting mutually satisfactory reciprocal arrangements with other states respecting extra-territorial jurisdictions, the employment security division of the labor department is empowered to promulgate special and general regulations not inconsistent with the provisions of the New Mexico Occupational Disease Disablement Law and, with the approval of the governor, to enter into reciprocal agreements with appropriate boards, commissions, officers or agencies of other states having jurisdiction over workers' compensation claims.
History:
1953 Comp., § 59-11-43.5, enacted by Laws 1975, ch. 268, § 5; 1989, ch. 263, § 68.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 3 - Occupational Disease Disablement › Section 52-3-60 - Offset of unemployment compensation benefits.

A. No total disablement benefits shall be payable under the New Mexico Occupational Disease Disablement Law for any weeks in which the disabled employee has received or is receiving unemployment compensation benefits, except as provided in this section.
B. If an employee is entitled to receive unemployment compensation benefits and would otherwise be entitled to receive total disablement benefits, the unemployment compensation benefits shall be primary, and the total disablement benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disablement benefits that would otherwise be payable.
History:
1978 Comp., § 52-3-60, enacted by Laws 1987, ch. 235, § 44.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 4 - Health Care Providers › Section 52-4-4 - Temporary provision; rules and regulations.

A. The director shall adopt and promulgate regulations and contract with a peer review organization pursuant to Section 52-4-2 NMSA 1978 no later than October 1, 1990.
B. The director shall establish a baseline period of no less than six months, adjusted for seasonal variations, for the purpose of providing data for the calculations required pursuant to Subsection C of this section no later than January 1, 1991.
C. For the one-year period ending December 31, 1991, the director shall issue a report concerning the results of the utilization review program as provided in Section 52-4-3 NMSA 1978 no later than December 1, 1992. If the director determines that based on such data the program has not resulted in a ten percent reduction in the utilization and cost of services subject to the utilization program, he shall have the authority to adopt and promulgate regulations, after notice and public hearings, to establish schedules of maximum charges for fees that are payable to health care providers as defined in Section 52-4-1 NMSA 1978. Such schedules shall be annually revised.
D. For the purposes of calculating the percentage as provided in Subsection C of this section, a comparison of both baseline and utilization program data shall be performed. Factors that shall be considered include, but are not limited to:
(1) severity and frequency of illness or injury;
(2) average length of stay of hospitalization;
(3) number of admissions per one hundred workers' compensation claims;
(4) number of services provided per one hundred workers' compensation claims; and
(5) factors that may affect the utilization and cost of medical services provided under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978].
History:
Laws 1990, ch. 65, § 4.
ANNOTATIONS
Effective dates.
— Laws 1990, ch. 65 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 1990.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-1.1 - Short title.

Chapter 52, Article 5 NMSA 1978 [except 52-5-22 NMSA 1978] may be cited as the "Workers' Compensation Administration Act".
History:
Laws 1990 (2nd S.S.), ch. 2, § 61.
ANNOTATIONS
Compiler's notes.
— Section 52-5-22 NMSA 1978 was not enacted as part of the Workers' Compensation Administration Act, but was compiled there for the convenience of the user.
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 61 effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-1.2 - Workers' compensation administration created.

There is created as an entity of state government the "workers' compensation administration".
History:
Laws 1990 (2nd S.S.), ch. 2, § 62; 2003, ch. 259, § 8.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted provisions following "workers' compensation administration" which related to the administrative attachment to the labor department.
No jurisdiction over claims between insurers.
— The workers' compensation administration does not have jurisdiction over a controversy between workers' compensation insurers that has no effect on the rights of the worker.
Jones v. Holiday Inn Express
, 2014-NMCA-082.
Where worker sustained a back injury; thirteen days before the accident, the employer changed worker's compensation carriers from plaintiff to defendant; unaware of the change, the employer's manager gave notice to plaintiff of worker's claim for benefits; without researching whether the employer was insured through plaintiff, plaintiff accepted the claim and began paying benefits to worker; plaintiff also erred by miscalculating the amount of benefits which gave worker 700 weeks instead of 500 weeks of benefits; when plaintiff discovered the error, plaintiff filed a complaint with the workers' compensation administration requesting that the workers' compensation judge order defendant to pay future benefits to worker and to reimburse the benefits paid by plaintiff, the workers' compensation administration lacked jurisdiction over the controversy because the controversy did not involve or affect worker's claim for compensation.
Jones v. Holiday Inn Express
, 2014-NMCA-082.
Law reviews.
— For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-1.3 - Enforcement bureau.

A. There is created in the workers' compensation administration an "enforcement bureau".
B. The enforcement bureau shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced. The enforcement bureau shall refer to an appropriate law enforcement agency any finding of fraud. For any claim pending in the administration, the enforcement bureau shall also bring its findings to the attention of the workers' compensation judge assigned to that claim.
C. For the purposes of this section, "fraud" includes the intentional misrepresentation of a material fact resulting in workers' compensation or occupational disablement coverage, the payment or withholding of benefits or an attempt to obtain or withhold benefits. The intentional misrepresentation of a material fact may occur through the conduct, practices, omissions or representations of any person. Any person found guilty of committing fraud shall be sentenced pursuant to the provisions of Section 30-16-6 NMSA 1978 and the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
History:
Laws 1990 (2nd S.S.), ch. 2, § 63; 2013, ch. 134, § 5.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, replaced the safety and fraud division of the worker's compensation administration with an enforcement bureau; in the title, deleted "safety and fraud division" and added "enforcement bureau"; in Subsections A and B, deleted "safety and fraud division" and added "enforcement bureau"; deleted former Subsection B, which required the safety and fraud division to develop a program to identify extra-hazardous employers; deleted former Subsection C, which required extra-hazardous employers to obtain a safety consultation from the safety and fraud division; and deleted former Subsection D, which required extra-hazardous employers to formulate an accident prevention plan.
Law reviews.
— For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-1.4 - Ombudsman program.

A. The director shall establish an ombudsman program to assist injured or disabled workers, persons claiming death benefits, employers and other persons in protecting their rights and obtaining information available under workers' compensation and occupational disease disablement laws.
B. An ombudsman shall meet with or otherwise provide information to injured or disabled workers, investigate complaints and communicate with employers, insurance carriers and health care providers on behalf of injured or disabled workers. An ombudsman shall otherwise assist unrepresented claimants, employers and other parties to enable them to protect their rights in the workers' compensation and occupational disease disablement system. At least one specially qualified employee in each location that the administration has an office shall be designated by the director as an ombudsman, and duties described in this section shall be that person's primary responsibility. The director may designate additional ombudsmen and assign them as the director deems appropriate.
C. An ombudsman need not be an attorney but shall demonstrate familiarity with workers' compensation and occupational disease disablement laws.
D. An ombudsman shall not be an advocate for any person and shall restrict ombudsman's activities to providing information and facilitating communication. An ombudsman shall not assist a claimant, employer or any other person in any proceeding beyond the informal conference held pursuant to Section 52-5-5 NMSA 1978.
E. Each employer shall notify the employer's employees of the ombudsman service in a manner prescribed by the director. The notice shall include the posting of a notice in one or more conspicuous places. The director shall also describe clearly the availability of the ombudsmen on the first report of accident form required under Section 52-1-58 NMSA 1978, or the first report of disablement form required under Section 52-3-51 NMSA 1978.
History:
Laws 1990 (2nd S.S.), ch. 2, § 64; 2004, ch. 118, § 1; 2013, ch. 134, § 6.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, allowed an ombudsman to hold another position in the workers' compensation administration upon leaving the position of ombudsman; and in Subsection C, deleted the former second sentence, which made an ombudsman ineligible to hold another position in the workers' compensation administration for one year after leaving the position of ombudsman.
The 2004 amendment,
effective July 1, 2004, amended Subsection C to change the period of ineligibility for serving in another position in the administration from five years to one year.
Law reviews.
— For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-4 - Authority to adopt rules, regulations and fee schedules.

A. The director is authorized to adopt reasonable rules and regulations, after notice and public hearing, for effecting the purposes of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978]. All rules and regulations shall be published upon adoption and be made available to the public and, if not inconsistent with law, shall be binding on the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law. All rules and regulations adopted shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
B. Such rules and regulations shall include provisions for procedures in the nature of conferences or other techniques to dispose of cases informally or to expedite claim adjudication, narrow issues and simplify the methods of proof at hearings.
C. The director shall promulgate and enforce schedules of reimbursement for such nonprofessional services as providing testimony and depositions, the production of records or the completion of medical capacity forms to health care providers as defined in Section 52-4-1 NMSA 1978 as he deems appropriate and necessary in the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law.
D. The director shall adopt rules for approval and establishment of controlled insurance plans, including performance standards compliance enforcement. In an advisory role only to participate in the rulemaking process, the director shall provide for the participation of:
(1) general contractors;
(2) subcontractors;
(3) organized labor;
(4) municipalities;
(5) counties; and
(6) business.
History:
Laws 1986, ch. 22, § 30; 1989, ch. 263, § 73; 2003, ch. 263, § 3.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted "Such rules and regulations shall include provisions for procedures in the nature of conferences or other techniques to dispose of cases informally or to expedite claim adjudication, narrow issues and simplify the methods of proof of hearings" following the first sentence in Subsection A; and added Subsection D.
Requirement that rules and regulations be definite and certain.
— Rules and regulations adopted by the workers' compensation administration pursuant to this section should be definite and certain so the parties know what is expected of them.
Rodriguez v. El Paso Elec. Co.
, 1992-NMCA-042, 113 N.M. 672, 831 P.2d 608.
Award of prejudgment interest allowed.
— Section 56-8-4B NMSA 1978 (award of prejudgment interest) does not apply to decisions made pursuant to the Occupational Disease Disability Law. However, such interest is allowed under Workers' Compensation Division Rules, WCD 89-4(V)(A)(3) (now NMAC 11.4.4.13), promulgated under this section.
Bryant v. Lear Siegler Mgmt. Servs. Corp.
, 1993-NMCA-052, 115 N.M. 502, 853 P.2d 753, cert. denied, 115 N.M. 535, 854 P.2d 362.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-4.1 - Qualifications to be a self-insurer; certification; application; fee.

A. The director shall adopt rules and regulations to determine the qualifications necessary to be a self-insurer. To qualify to be a self-insurer, a private employer must show to the satisfaction of the director that the employer is financially solvent and that providing workers' compensation and occupational disease disablement insurance coverage is unnecessary. The director shall consider the employer's financial ability to pay promptly workers' compensation and occupational disease disablement benefits and assessments that may be imposed under the Self-Insurers' Guarantee Fund Act.
B. The director shall certify each private employer who qualifies to be a self-insurer.
C. Each application for certification as a self-insurer shall be accompanied by payment of a fee not to exceed one hundred fifty dollars ($150). The fee shall be set by the director as necessary to cover the administrative costs of evaluating the applicants' qualifications. The fee shall be deposited in the workers' compensation administration fund.
D. Any employer formerly certified as a self-insurer who ceases to be certified may not apply again for certification until three years after certification ceases.
History:
Laws 1990 (2nd S.S.), ch. 3, § 6.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 3, § 10 made Laws 1990 (2nd S.S.), ch. 3, § 6 effective January 1, 1991.
Compiler's notes.
— For the Self-Insurers' Guarantee Fund Act,
see
52-8-1 NMSA 1978 and compiler's notes thereto.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-11 - Minors and incompetents.

A. If a guardian or legal representative has been appointed for a person who is incompetent or a minor, payment of compensation benefits under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] shall be made to the guardian or legal representative.
B. If no guardian or legal representative has been appointed and notwithstanding any provisions of law to the contrary, the compensation benefits payable to a minor or incompetent person may, upon approval of the director after hearing, be paid by the employer in whole or in such part as the director determines for and on behalf of the minor or incompetent person directly to the person caring for, supporting or having custody of the minor or incompetent person, without requiring the appointment of a guardian or legal representative. The director may petition a court of competent jurisdiction for appointment of a guardian or other representative to receive compensation benefits payable to, or to represent in compensation proceedings, any person who is incompetent or a minor.
C. The director may require of a guardian or other legal representative or of any person to whom compensation benefits may be paid under this section an accounting of the disposition of the funds received by the person under the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law and for and on behalf of the minor or incompetent person.
D. Nothing in the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law precludes the payment of compensation benefits directly to a minor or incompetent person with the approval of the director.
E. The payment of compensation by the employer in accordance with the order of the director discharges the employer from all further obligation as to that compensation.
History:
Laws 1986, ch. 22, § 37; 1989, ch. 263, § 80.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Workers' compensation statute as barring illegally employed minor's tort action, 77 A.L.R.4th 844.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-14 - Order of approval.

A. If the workers' compensation judge finds the lump-sum payment agreement to be fair, equitable and consistent with provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978], he shall approve the agreement by order, and the order shall not be set aside or modified except as provided in the applicable law. The workers' compensation judge may refuse to approve a settlement if he does not believe that it provides substantial justice to the parties.
B. In making lump-sum settlements, the payment due the worker or his dependents shall not be discounted at a greater rate than a sum equal to the present value of all future payments of compensation benefits computed at a five percent discount compounded annually.
History:
Laws 1986, ch. 22, § 40; 1989, ch. 263, § 82; 1990 (2nd S.S.), ch. 2, § 58.
ANNOTATIONS
The 1990 (2nd S.S.) amendment,
effective January 1, 1991, deleted the former first sentence of Subsection B regarding compensation converted into lump sum settlement by agreement.
Jurisdiction pending appeal.
— The workers' compensation division did not have jurisdiction to enter an order of settlement in a case where an appeal was pending.
Riesenecker v. Arkansas. Best Freight Sys.
, 1990-NMCA-100, 110 N.M. 451, 796 P.2d 1147.
Approval by workers' compensation judge in accordance with requirements of Subsection A of this section
and Section 52-5-13 NMSA 1978 is necessary to assure adherence to the policies established by the legislature favoring periodic payments over lump sum payments, requiring careful effort to assure that a worker or the dependents understand the consequences of replacing periodic payments with a discounted lump sum amount, and assuring that the settlement is fair, equitable, and consistent with the Worker's Compensation Act.
Paradiso v. Tipps Equip.
, 2004-NMCA-009, 134 N.M. 814, 82 P.3d 985, cert. denied, 2004-NMCERT-001.
Stipulated compensation order that failed to comply with approval process was invalid and unenforceable.
— Where, in 2004, the parties entered into a stipulated compensation order (SCO) to settle a dispute regarding worker's entitlement to workers' compensation benefits as the result of an accident and injuries to worker's back that occurred in 2002, and where there was no hearing by the workers' compensation judge (WCJ) to approve the provisions of the SCO or otherwise confirm worker's knowledge of the partial lump-sum settlement or any of the material facts contained therein, and where, in 2014, employer filed a motion for a supplemental compensation order (MSCO), the WCJ erred in granting the MSCO and in approving the SCO under 52-5-13 and -14 NMSA 1978, because the SCO was not in compliance with 52-5-12(C) NMSA 1978, and therefore the WCJ had no authority to approve the SCO containing a partial lump-sum payment of benefits; the SCO was invalid and unenforceable.
Baca v. State
, 2017-NMCA-076, cert. denied.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-15 - Awards; provisions.

All awards shall be against the employer for the amount then due and shall contain an order upon the employer for the payment to the worker, at regular intervals during the time he is entitled to receive compensation, of the further amounts he is entitled to receive. The awards shall be so framed as to accomplish the purpose and intent of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] in all particulars.
History:
Laws 1986, ch. 22, § 41; 1989, ch. 263, § 83.
ANNOTATIONS
Interest on compensation orders.
— A review of the Workers' Compensation Act as a whole demonstrates a legislative intent to apply post-judgement interest to final compensation orders.
Sanchez v. Siemens Transmission Sys.
, 1991-NMCA-028, 112 N.M. 236, 814 P.2d 104,
rev'd on other grounds
, 1991-NMSC-093, 112 N.M. 533, 817 P.2d 726.
There was no authorization for the cost of copying charges as "valid expenses."
Archuleta v. Safeway Stores, Inc.
, 1986-NMCA-092, 104 N.M. 769, 727 P.2d 77 (decided under former 52-1-35 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 Am. Jur. 2d Workers' Compensation §§ 634 to 640.
100 C.J.S. Workmen's Compensation §§ 638 to 648.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-16 - Physical examination of worker; statements regarding dependents.

A. It is the duty of the worker, at the time of his employment or thereafter at the request of the employer, to submit himself to examination by a physician authorized to practice medicine in the state, who shall be paid by the employer, for the purpose of determining the worker's physical condition.
B. It is the duty of the worker, if required, to give the employer the names, addresses, relationships and degree of dependency of the worker's dependents, if any, or any subsequent change thereof. When the employer requires, the worker shall make a detailed verified statement relating to such dependents, matters of employment and other information incident thereto.
History:
Laws 1986, ch. 22, § 42; 1989, ch. 263, § 84.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-20 - Notification to employer; penalty.

A. Each insurer, guarantor, surety or group self-insurance administrator shall, on written request of the insured employer, provide the employer with a list of claims made against the employer. The information provided to the employer shall include amounts paid for closed claims, the combined cumulative reserve for all open claims and, if requested, details regarding the treatment and condition of the injured or disabled worker. The employer shall also receive notice of any proposed settlement of any claim against the employer if he so requests in writing.
B. Failure to comply with this section may subject the violator to a fine, upon hearing held by the director, of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100).
History:
1978 Comp., § 52-5-20, enacted by Laws 1990 (2nd S.S.), ch. 2, § 60.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 60 effective January 1, 1991.
2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 5 - Workers' Compensation Division › Section 52-5-21 - Administration records confidentiality; authorized use.

Except as otherwise provided in this section, unless introduced as evidence in an administrative or judicial proceeding or filed with the clerk of the court as part of an enforcement or compliance proceeding, all records of the administration shall be confidential. Once an accident or disablement occurs, any person who is a party to a claim upon that accident or disablement is entitled to access to all files relating to that accident or disablement and to all files relating to any prior accident, injury or disablement of the worker. Upon the filing of a rejection of a recommended resolution, all records filed with the clerk of the court as part of the judicial proceeding shall be open to the public.
History:
Laws 1990 (2nd S.S.), ch. 2, § 65; 2001, ch. 87, § 5.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, inserted "Except as otherwise provided in this section" at the beginning of the section; inserted "or filed with the clerk or the court as a part of an enforcement or compliance proceeding" near the middle of the first sentence; deleted "provided, however, that" following "shall be confidential" at the end of the first sentence; and inserted the final sentence.
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 5 - Workers' Compensation Division › Section 52-5-22 - Accident and payment reports; penalties.

A. The director shall monitor the accident or disablement and payment reports filed by employers or insurers pursuant to Sections 52-1-58, 52-1-60 and 52-3-51 NMSA 1978. The director shall publish reports on those employers or insurers who are late either in submitting their accident or disablement reports or in making their initial payments on claims. In determining the timeliness of an initial payment on a claim, the director shall consider any initial payment to be late if it is received more than fourteen days after the filing of the report required in Section 52-1-58 or 52-3-51 NMSA 1978.
B. The director is authorized to take corrective action to prevent delays from occurring and may impose a penalty upon an employer or insurer who is at fault in causing a late initial payment on a claim. The insurance policy may not provide that any such penalty imposed upon an employer be paid by his insurer. That penalty may be an additional award to the worker who received the late payment of up to one hundred percent of the amount of the initial payment due.
History:
Laws 1990 (2nd S.S.), ch. 2, § 89.
ANNOTATIONS
Effective dates.
— Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 89 effective January 1, 1991.
Compiler's notes.
— Laws 1990 (2nd S.S.), ch. 2, § 89 was not enacted as part of the Workers' Compensation Administration Act but has been compiled here for the convenience of the user.