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 […]
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 […]
Section 52-5-2 – Director; appointment; employees; workers’ compensation judges.
A. The workers’ compensation administration shall be in the charge of a director, who shall be appointed by the governor for a term of five years with the consent of the senate. The appointed director shall serve and have the authority of that office during the period of time prior to final action by the […]
Section 52-5-3 – Reports; data gathering.
A. The intent of this section is to allow the director to gather data and conduct studies to evaluate the workers’ compensation and occupational disease disablement system in New Mexico. This includes evaluating the benefits structure and the costs incurred under each version of the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978] and […]
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 […]
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 […]
Section 52-5-5 – Claims; informal conferences.
A. When a dispute arises under the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978], any party may file a claim with the director no sooner than thirty-one days from the date of injury or the occurrence of the disabling disease. The director […]
Section 52-5-6 – Authority of the director to conduct hearings.
A. Unless the parties agree otherwise, or it is ordered by the workers’ compensation judge or the director in the case of a director’s hearing, hearings shall be held at an office of the workers’ compensation administration that is located nearest to the location of injury or disablement. In determining the site of hearing, the […]
Section 52-5-7 – Hearing procedure.
A. When matters in dispute cannot be resolved by informal conference or other techniques, the director shall transmit a copy of the claim to the other parties with notice to respond by written answer. The other parties shall respond with a written answer within twenty days after receiving a notice or within such extension of […]
Section 52-5-8 – Judicial review of decision by workers’ compensation judge.
A. Any party in interest may, within thirty days of mailing of the final order of the workers’ compensation judge, file a notice of appeal with the court of appeals. B. A decision of a workers’ compensation judge is reviewable by the court of appeals in the manner provided for other cases and is subject […]