New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 4 - WORKERS' COMPENSATION › Part 4 - CLAIMS RESOLUTION › Section 11.4.4.9 - FILING AND SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				provisions:
(1) WCA employees shall be
				addressed in a courteous and respectful manner at all times.
(2) Unless otherwise stated or necessarily
				implied in these rules, the rules of civil procedure for the district courts of
				New Mexico shall apply to and govern all proceedings conducted pursuant to
				these rules.
(3) Pleadings filed
				with the WCA Clerk shall:
(a) include a
				caption identifying the state of New Mexico workers' compensation
				administration as the legal forum, the name of each party, a descriptive title
				of the document, and the WCA case number if one has been assigned;
				and
(b) contain a signature block
				which includes the signature of the party in interest or party
				representative(s) followed by the typewritten name(s), the mailing address,
				telephone number with area code and email address.
(4) Duplicate or multiple copies of the same
				pleading shall not be filed. Duplicate copies will not be docketed and may be
				destroyed.
(5) Amended or
				subsequent pleadings shall be clearly identified (e.g., "Second
				Complaint").
(6) Pleadings shall
				not be submitted to the clerk by facsimile transmission.
(7) Pleadings shall not be submitted with
				cover letters or correspondence.
(8) Parties shall use the mandatory forms
				available on the WCA website. Items on the mandatory forms may not be deleted,
				but additional information may be provided at the end of the text. Mandatory
				forms include:
(a) workers' compensation
				complaint;
(b) summons for workers'
				compensation complaint;
(c)
				worker's authorization for use and disclosure of health records;
(d) informal response to workers'
				compensation complaint;
(e) notice
				of acceptance or rejection of recommended resolution;
(f) application to workers' compensation
				judge;
(g) summons for application
				to workers' compensation judge;
(h)
				subpoena or subpoena duces tecum;
(i) request for setting;
(j) health care provider disagreement
				form;
(k) petition for lump sum
				payment;
(l) summons for petition
				for lump sum payment;
(m) joint
				request for expedited hearing;
(n)
				application to director; and
(o)
				summons for application to director.
(9) Filing of initial pleadings:
(a) The workers' compensation complaint shall
				be filed with a summons and, if filed by a worker, with an executed
				authorization to release the worker's medical information.
(b) The application to judge, application to
				director, or petition for lump sum payment shall be filed with a request for
				setting. A summons shall also be filed if no service of process has previously
				occurred in the case.
(10) WCA clerk's review of submitted
				pleadings:
(a) The clerk may reject pleadings
				that do not conform to these rules. Rejected pleadings will not be filed and
				will be destroyed.
(b) The clerk
				shall promptly notify the filing party or party representative of a rejection
				and the reason(s) for the rejection.
(c) The clerk's rejection of a pleading does
				not extend or stay the period in which a pleading is due or otherwise delay an
				applicable deadline.
(d) Reasons
				for rejecting a pleading may include, but are not limited to:
(i) the caption, WCA number, or party
				information is not correct;
(ii)
				the pleading is unsigned;
(iii) the
				document is incomplete or pages are missing;
(iv) the document is of such poor quality
				making the content unreadable;
(v)
				the pleading was not submitted on a mandatory form; and
(vi) initial pleadings to open or reopen the
				case were not submitted.