- ARTICLE 1 Workers' Compensation
- 52-1-1. Short title.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. CONSTRUCTION OF ACT.
- III. EMPLOYER-EMPLOYEE RELATIONSHIP.
- IV. COURSE OF EMPLOYMENT.
- V. PROCEDURAL MATTERS.
- 52-1-1.1. Definitions.
- ANNOTATIONS
- 52-1-1.2. Advisory council on workers' compensation and occupational disease disablement; functions and duties; independent medical examinations committee.
- ANNOTATIONS
- 52-1-2. Employers who come within act.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. EMPLOYMENT COVERED.
- III. INJURY BY ACCIDENT.
- 52-1-3. Workers' compensation coverage; coverage by state agencies.
- ANNOTATIONS
- 52-1-3.1. Public employee.
- ANNOTATIONS
- 52-1-4. Filing certificate of insurance coverage or other evidence of coverage with workers' compensation administration; exemptions from requirement.
- ANNOTATIONS
- 52-1-4.1. Repealed.
- ANNOTATIONS
- 52-1-4.2. Controlled insurance plan; penalty.
- ANNOTATIONS
- 52-1-5. Destruction of policies, bonds and undertakings.
- ANNOTATIONS
- 52-1-6. Application of provisions of act.
- ANNOTATIONS
- 52-1-6.1. Worker's compensation; definition.
- ANNOTATIONS
- 52-1-6.2. Safety programs; inspections; penalties; bonuses.
- ANNOTATIONS
- 52-1-7. Application of provisions of act to certain executive employees or sole proprietors.
- ANNOTATIONS
- 52-1-8. Defenses to action by employee.
- ANNOTATIONS
- 52-1-9. Right to compensation; exclusive.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. EMPLOYER COMPLIANCE.
- III. SERVICE IN COURSE OF EMPLOYMENT.
- IV. ACCIDENT PROXIMATE CAUSE OF INJURY.
- 52-1-9.1. Uninsured employers' fund; workers' compensation administration; additional duties.
- ANNOTATIONS
- 52-1-10. Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. EMPLOYEE FAILURE.
- III. EMPLOYER FAILURE.
- 52-1-10.1. Allocation of fault; reimbursement.
- ANNOTATIONS
- 52-1-11. Injuries due to intoxication, willfulness or intention of worker are noncompensable.
- ANNOTATIONS
- 52-1-12. Compensation prohibited when worker under influence of certain drugs.
- ANNOTATIONS
- 52-1-12.1. Reduction in compensation when alcohol or drugs contribute to injury or death.
- ANNOTATIONS
- 52-1-13. Termination of agreements.
- ANNOTATIONS
- 52-1-14. [Interstate commerce not subject to state legislation exempted.]
- ANNOTATIONS
- 52-1-15. Employer.
- ANNOTATIONS
- 52-1-16. Worker; real estate salesperson excepted.
- ANNOTATIONS
- 52-1-17. Dependents.
- ANNOTATIONS
- 52-1-18. Child.
- ANNOTATIONS
- 52-1-19. Injury by accident; course of employment.
- ANNOTATIONS
- 52-1-20. Determination of average weekly wage.
- ANNOTATIONS
- 52-1-21. Repealed.
- ANNOTATIONS
- 52-1-22. Work not casual employment.
- ANNOTATIONS
- 52-1-23. Contractor becoming employer in casual employment.
- ANNOTATIONS
- 52-1-24. Impairment; definition.
- ANNOTATIONS
- 52-1-24.1. Date of maximum medical improvement.
- ANNOTATIONS
- 52-1-25. Permanent total disability.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. PROCEDURAL MATTERS.
- III. ILLUSTRATIVE CASES.
- 52-1-25.1. Temporary total disability; return to work.
- ANNOTATIONS
- 52-1-26. Permanent partial disability.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. PROCEDURAL MATTERS.
- III. ILLUSTRATIVE CASES.
- 52-1-26.1. Partial disability determination; calculation of modifications.
- ANNOTATIONS
- 52-1-26.2. Partial disability determination; age modification.
- ANNOTATIONS
- 52-1-26.3. Partial disability determination; education modification.
- ANNOTATIONS
- 52-1-26.4. Partial disability determination; physical capacity modification.
- ANNOTATIONS
- 52-1-27. Repealed.
- ANNOTATIONS
- 52-1-28. Compensable claims; proof.
- ANNOTATIONS
- I. GENERAL CONSIDERATIONS.
- II. ACCIDENT IN COURSE OF EMPLOYMENT.
- III. DISABILITY AS RESULT OF ACCIDENT.
- 52-1-28.1. Unfair claim-processing practices; bad faith.
- ANNOTATIONS
- 52-1-28.2. Retaliation against employee seeking benefits; civil penalty.
- ANNOTATIONS
- 52-1-28.3. False statements or representations with regard to physical condition; forfeiture.
- ANNOTATIONS
- 52-1-29. Notice of accident to employer; employer to post clear notice of requirement.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. NOTICE OF ACCIDENT AND INJURY.
- III. ACTUAL KNOWLEDGE.
- 52-1-30. Payment of compensation benefits; installments.
- ANNOTATIONS
- 52-1-31. Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed.
- ANNOTATIONS
- 52-1-32 to 52-1-35. Repealed.
- ANNOTATIONS
- 52-1-36. Effect of failure of worker to file claim by reason of conduct of employer.
- ANNOTATIONS
- 52-1-37. Repealed.
- ANNOTATIONS
- 52-1-38. Judgment; provisions; execution; subrogation; contempts.
- ANNOTATIONS
- 52-1-39. Repealed.
- ANNOTATIONS
- 52-1-40. Waiting period.
- ANNOTATIONS
- 52-1-41. Compensation benefits; total disability.
- ANNOTATIONS
- 52-1-42. Compensation benefits; permanent partial disability; maximum duration of benefits.
- ANNOTATIONS
- 52-1-43. Compensation benefits; injury to specific body members.
- ANNOTATIONS
- 52-1-44. Compensation benefits; facial disfigurement.
- ANNOTATIONS
- 52-1-45. Compensation benefits; hernia; proof of claim; failure to be operated [upon]; examination; medical care.
- ANNOTATIONS
- 52-1-46. Compensation benefits for death.
- ANNOTATIONS
- 52-1-47. Limitations on compensation benefits.
- ANNOTATIONS
- 52-1-47.1. Compensation benefits limit.
- ANNOTATIONS
- 52-1-48. Additional limitation on benefits.
- ANNOTATIONS
- 52-1-49. Medical and related benefits; selection of health care provider; artificial members.
- ANNOTATIONS
- 52-1-50. Repealed.
- ANNOTATIONS
- 52-1-50.1. Rehiring of injured workers.
- ANNOTATIONS
- 52-1-51. Physical examinations of worker; independent medical examination; unsanitary or injurious practices by worker; testimony of health care providers.
- ANNOTATIONS
- 52-1-52. Exemption from creditors.
- ANNOTATIONS
- 52-1-53. [Accident prevention laws not affected.]
- 52-1-54. Fee restrictions; appointment of attorneys by the director or workers' compensation judge; discovery costs; offer of judgment; penalty for violations.
- ANNOTATIONS
- 52-1-55. Physical examinations; statements regarding dependents; pre-employment physical condition statements.
- ANNOTATIONS
- 52-1-56. Diminution; termination or increase of compensation.
- ANNOTATIONS
- I. GENERAL CONSIDERATION.
- II. HEARING.
- 52-1-57. Repealed.
- ANNOTATIONS
- 52-1-58. Reports to be filed with director.
- ANNOTATIONS
- 52-1-59. Effect of failure to file report.
- ANNOTATIONS
- 52-1-60. Notice to director of date of payment.
- ANNOTATIONS
- 52-1-61. Penalties.
- ANNOTATIONS
- 52-1-62. Director to enforce Workers' Compensation Act.
- ANNOTATIONS
- 52-1-63. Educational institutions exempt.
- ANNOTATIONS
- 52-1-64. Extra-territorial coverage.
- ANNOTATIONS
- 52-1-65. Credit for benefits furnished or paid under laws of other jurisdictions.
- ANNOTATIONS
- 52-1-66. Nonresident employers employing workers in state; requirement for insurance; enforcement.
- ANNOTATIONS
- 52-1-67. Locale of employment; definitions.
- ANNOTATIONS
- 52-1-68. Reciprocal recognition of extra-territorial coverage with other jurisdictions.
- 52-1-69. Repealed.
- ANNOTATIONS
- 52-1-70. Offset of unemployment compensation benefits.
- ARTICLE 2 Subsequent Injuries
- 52-2-1 to 52-2-3. Repealed.
- ANNOTATIONS
- 52-2-3.1. Recompiled.
- ANNOTATIONS
- 52-2-4 to 52-2-14. Repealed.
- ANNOTATIONS
- ARTICLE 3 Occupational Disease Disablement
- 52-3-1. Name of act.
- ANNOTATIONS
- 52-3-2. Employers who come within the New Mexico Occupational Disease Disablement Law.
- ANNOTATIONS
- 52-3-3. Definitions; employee and lessee in mines.
- ANNOTATIONS
- 52-3-3.1. Recompiled.
- ANNOTATIONS
- 52-3-4. Definitions.
- ANNOTATIONS
- 52-3-5. Acceptance.
- ANNOTATIONS
- 52-3-6. Application of provisions of the New Mexico Occupational Disease Disablement Law to certain corporations' employees.
- 52-3-7. Defenses to action by employee.
- ANNOTATIONS
- 52-3-8. Right to compensation; exclusive when.
- ANNOTATIONS
- 52-3-9. Filing insurance under the New Mexico Occupational Disease Disablement Law.
- ANNOTATIONS
- 52-3-9.1. Repealed.
- ANNOTATIONS
- 52-3-9.2. Destruction of policies, bonds and undertakings.
- 52-3-9.3. Repealed.
- ANNOTATIONS
- 52-3-10. Employer liability for compensation; conditions when no payment to be made.
- ANNOTATIONS
- 52-3-11. Last employer liable; exception.
- ANNOTATIONS
- 52-3-12. Not applicable in certain cases.
- ANNOTATIONS
- 52-3-13. Dependents defined; determination of.
- ANNOTATIONS
- 52-3-14. Compensation; limitations.
- ANNOTATIONS
- 52-3-15. Disablement compensation restrictions; medical and related services; selection of health care provider; artificial members.
- ANNOTATIONS
- 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.
- ANNOTATIONS
- 52-3-17. Vocational rehabilitation services.
- ANNOTATIONS
- 52-3-18. Determination by worker's compensation division of the labor department.
- ANNOTATIONS
- 52-3-19. Notice of disablement to employer; employer to post clear notice of requirement.
- ANNOTATIONS
- 52-3-20. Payment of benefits in installments.
- ANNOTATIONS
- 52-3-21 to 52-3-24. Repealed.
- ANNOTATIONS
- 52-3-25. Effect of failure of worker to file claim by reason of conduct of employer.
- ANNOTATIONS
- 52-3-26 to 52-3-30. Repealed.
- ANNOTATIONS
- 52-3-31. Repealed.
- ANNOTATIONS
- 52-3-32. Occupational diseases; proximate causation.
- ANNOTATIONS
- 52-3-32.1. Firefighter occupational disease. (Effective July 1, 2010.)
- ANNOTATIONS
- 52-3-33. Occupational diseases; definition.
- ANNOTATIONS
- 52-3-34. When complicated with other diseases; payments.
- ANNOTATIONS
- 52-3-35. Termination of compensation; reopening award; time; limits.
- ANNOTATIONS
- 52-3-36. Conversion to lump-sum payment.
- 52-3-37. Compensation exempt from execution.
- ANNOTATIONS
- 52-3-38. Minor deemed sui juris.
- ANNOTATIONS
- 52-3-39. Physical examinations of worker; independent medical examination; unsanitary or injurious practices by worker; testimony of health care providers.
- ANNOTATIONS
- 52-3-40. Autopsy in death claims.
- ANNOTATIONS
- 52-3-41. Absence; employee to give notices of.
- ANNOTATIONS
- 52-3-42. Limitation on filing of claims; rights barred unless timely filed.
- ANNOTATIONS
- 52-3-43. When occupational disease aggravated by other diseases.
- ANNOTATIONS
- 52-3-44. No liability prior to effective date.
- ANNOTATIONS
- 52-3-45. Employees [Employee's] willful misconduct, willful self-exposure; defined.
- ANNOTATIONS
- 52-3-45.1. Unfair claim-processing practices; bad faith.
- ANNOTATIONS
- 52-3-45.2. Retaliation against employee seeking benefits; civil penalty.
- ANNOTATIONS
- 52-3-45.3. False statements or representations with regard to physical condition; forfeiture.
- ANNOTATIONS
- 52-3-45.4. Compensation benefits limit.
- ANNOTATIONS
- 52-3-46. Compensation limited to Occupational Disease Disablement Law; not additional to that provided for accidents.
- ANNOTATIONS
- 52-3-47. Fee restrictions; appointment of attorneys by the director or workers' compensation judge; discovery costs; offer of judgment; penalty for violations.
- ANNOTATIONS
- 52-3-48. Employee to submit to examination and give information regarding self.
- ANNOTATIONS
- 52-3-49. Rights and liabilities of employer and employee after award; penalty for failure to file undertaking or become exempt therefrom.
- ANNOTATIONS
- 52-3-49.1. Rehiring of disabled workers.
- ANNOTATIONS
- 52-3-50. Effect of failure of employee to file claim by reason of conduct of employer.
- ANNOTATIONS
- 52-3-51. Reports to be filed with director.
- ANNOTATIONS
- 52-3-52. Notice to director.
- ANNOTATIONS
- 52-3-53. Penalties.
- ANNOTATIONS
- 52-3-54. Director to enforce the New Mexico Occupational Disease Disablement Law.
- ANNOTATIONS
- 52-3-55. Extraterritorial coverage.
- ANNOTATIONS
- 52-3-56. Credit for benefits furnished or paid under laws of other jurisdictions.
- 52-3-57. Nonresident employers employing workers in state; requirement for insurance; enforcement.
- ANNOTATIONS
- 52-3-58. Locale of employment.
- 52-3-59. Reciprocal recognition of extra-territorial coverage with other jurisdictions.
- 52-3-60. Offset of unemployment compensation benefits.
- ARTICLE 4 Health Care Providers
- 52-4-1. Definition; health care provider.
- ANNOTATIONS
- 52-4-2. Utilization review; penalties.
- ANNOTATIONS
- 52-4-3. Case management.
- ANNOTATIONS
- 52-4-4. Temporary provision; rules and regulations.
- ANNOTATIONS
- 52-4-5. Fee schedule.
- ANNOTATIONS
- ARTICLE 5 Workers' Compensation Division
- 52-5-1. Purpose.
- ANNOTATIONS
- 52-5-1.1. Short title.
- ANNOTATIONS
- 52-5-1.2. Workers' compensation administration created.
- ANNOTATIONS
- 52-5-1.3. Safety and fraud division.
- ANNOTATIONS
- 52-5-1.4. Ombudsman program.
- ANNOTATIONS
- 52-5-2. Director; appointment; employees; workers' compensation judges.
- ANNOTATIONS
- 52-5-3. Reports; data gathering.
- ANNOTATIONS
- 52-5-4. Authority to adopt rules, regulations and fee schedules.
- ANNOTATIONS
- 52-5-4.1. Qualifications to be a self-insurer; certification; application; fee.
- ANNOTATIONS
- 52-5-5. Claims; informal conferences.
- ANNOTATIONS
- 52-5-6. Authority of the director to conduct hearings.
- ANNOTATIONS
- 52-5-7. Hearing procedure.
- ANNOTATIONS
- 52-5-8. Judicial review of decision by workers' compensation judge.
- ANNOTATIONS
- 52-5-9. Application for modification of compensation order.
- ANNOTATIONS
- 52-5-10. Enforcement of payment in default.
- ANNOTATIONS
- 52-5-11. Minors and incompetents.
- ANNOTATIONS
- 52-5-12. Payment; periodic or lump sum; settlement.
- ANNOTATIONS
- 52-5-13. Approval of lump sum settlement by workers' compensation judge.
- ANNOTATIONS
- 52-5-14. Order of approval.
- ANNOTATIONS
- 52-5-15. Awards; provisions.
- ANNOTATIONS
- 52-5-16. Physical examination of worker; statements regarding dependents.
- 52-5-17. Subrogation.
- ANNOTATIONS
- 52-5-18. Limitation on filing claims.
- ANNOTATIONS
- 52-5-19. Fee for funding administration; workers' compensation administration fund created.
- ANNOTATIONS
- 52-5-20. Notification to employer; penalty.
- ANNOTATIONS
- 52-5-21. Administration records confidentiality; authorized use.
- ANNOTATIONS
- 52-5-22. Accident and payment reports; penalties.
- ANNOTATIONS
- ARTICLE 6 Group Self-Insurance
- 52-6-1. Short title.
- ANNOTATIONS
- 52-6-2. Definitions.
- ANNOTATIONS
- 52-6-3. Scope.
- ANNOTATIONS
- 52-6-4. Authority to act as a group.
- ANNOTATIONS
- 52-6-5. Initial approval and continued approval to act as a group; qualifications.
- ANNOTATIONS
- 52-6-6. Certificate of approval; termination.
- ANNOTATIONS
- 52-6-7. Examinations.
- ANNOTATIONS
- 52-6-8. Board of trustees; membership, powers, duties and prohibitions.
- ANNOTATIONS
- 52-6-9. Group membership; termination; liability.
- ANNOTATIONS
- 52-6-10. Administrators and service companies; conflicts.
- ANNOTATIONS
- 52-6-11. Licensing of agent.
- ANNOTATIONS
- 52-6-12. Financial statements; other reports.
- ANNOTATIONS
- 52-6-13. Premium tax.
- 52-6-14. Subsequent injury fund.
- ANNOTATIONS
- 52-6-15. Misrepresentation prohibited.
- 52-6-16. Investments.
- ANNOTATIONS
- 52-6-17. Rates; reporting.
- ANNOTATIONS
- 52-6-18. Refunds.
- 52-6-19. Premium payment; reserves.
- ANNOTATIONS
- 52-6-20. Deficits and insolvencies.
- ANNOTATIONS
- 52-6-21. Monetary penalties.
- ANNOTATIONS
- 52-6-22. Cease and desist orders.
- ANNOTATIONS
- 52-6-23. Revocation of certificate of approval.
- ANNOTATIONS
- 52-6-24. Notice and hearing; appeal.
- ANNOTATIONS
- 52-6-25. Rules and regulations.
- ANNOTATIONS
- ARTICLE 7 Workers' Compensation Oversight Committee
- 52-7-1 to 52-7-6. Repealed.
- ANNOTATIONS
- ARTICLE 8 Self-Insurers' Guarantee Fund Act
- 52-8-1. Short title.
- ANNOTATIONS
- 52-8-2. Purpose.
- ANNOTATIONS
- 52-8-3. Definitions.
- ANNOTATIONS
- 52-8-4. Scope of act.
- ANNOTATIONS
- 52-8-5. Self-insurers' guarantee fund commission created; organized as an independent commission; board created; administrative support.
- ANNOTATIONS
- 52-8-6. Board powers and duties; liability.
- ANNOTATIONS
- 52-8-7. Guarantee fund created; assessment for funding.
- ANNOTATIONS
- 52-8-8. Fund liability period for guarantee fund.
- ANNOTATIONS
- 52-8-9. Fund membership termination.
- ANNOTATIONS
- 52-8-10. Withdrawal of certification; grounds.
- ANNOTATIONS
- 52-8-11. Rules and regulations.
- ANNOTATIONS
- 52-8-12. Regulations remain in effect; initial commission general members.
- ANNOTATIONS
- ARTICLE 9 Employers Mutual Company
- 52-9-1. Short title.
- ANNOTATIONS
- 52-9-2. Findings and purpose.
- ANNOTATIONS
- 52-9-3. Definitions.
- ANNOTATIONS
- 52-9-4. Employers mutual company created; organized as a domestic mutual insurance company.
- ANNOTATIONS
- 52-9-5. Company's board of directors; appointment; powers.
- ANNOTATIONS
- 52-9-6. Board; directors as appointed public officials of state; excluded from personal liability.
- ANNOTATIONS
- 52-9-7. President.
- ANNOTATIONS
- 52-9-8. Exclusion of state's liability.
- ANNOTATIONS
- 52-9-9. Use of company assets.
- ANNOTATIONS
- 52-9-10. Company to be competitive; safety incentives and penalties; loss control, case management and utilization review.
- ANNOTATIONS
- 52-9-11. Annual accountings; possible dividends and credits.
- ANNOTATIONS
- 52-9-12. Amount of dividends or credits.
- ANNOTATIONS
- 52-9-13. Ability of company to transact workers' benefits insurance.
- ANNOTATIONS
- 52-9-14. Investment counsel.
- ANNOTATIONS
- 52-9-15. Powers of company.
- ANNOTATIONS
- 52-9-16. Powers of president.
- ANNOTATIONS
- 52-9-17. Company audit.
- ANNOTATIONS
- 52-9-18. Company assets.
- ANNOTATIONS
- 52-9-19. Money and property of the company.
- ANNOTATIONS
- 52-9-20. No state appropriation.
- ANNOTATIONS
- 52-9-21. Exemption from and applicability of certain laws.
- ANNOTATIONS
- 52-9-22. Marketing.
- ANNOTATIONS
- 52-9-23. Annual report.
- ANNOTATIONS
- 52-9-24. Loan fund created.
- ANNOTATIONS
- 52-9-25. Authorization to issue revenue bonds.
- ANNOTATIONS
- ARTICLE 10 Release of Medical Records
- 52-10-1. Release of medical records.
- ANNOTATIONS
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