Chapter 52, Article 1 NMSA 1978 shall be known and may be cited as the “Workers’ Compensation Act”. History: Laws 1929, ch. 113, § 1; C.S. 1929, § 156-101; 1941 Comp., § 57-901; 1953 Comp., § 59-10-1; Laws 1959, ch. 67, § 1; 1986, ch. 22, § 1; 1987, ch. 235, § 1. ANNOTATIONS Cross […]
A. In case an injury to, or death of, a worker results from his failure to observe statutory regulations appertaining to the safe conduct of his employment or from his failure to use a safety device provided by his employer, then the compensation otherwise payable under the Workers’ Compensation Act shall be reduced ten percent. […]
Notwithstanding anything in the worker’s compensation law to the contrary, if the fault of the worker’s employer or those for whom the employer is legally responsible, other than the injured worker, is found to have proximately caused the worker’s injury, the employer’s right to reimbursement from the proceeds of the worker’s recovery in any action […]
No compensation shall become due or payable from any employer under the terms of the Workers’ Compensation Act in the event such injury was willfully suffered by the worker or intentionally inflicted by the worker. History: Laws 1929, ch. 113, § 8; C.S. 1929, § 156-108; 1941 Comp., § 57-908; 1953 Comp., § 59-10-8; 1989, […]
History: 1953 Comp., § 59-10-8.1, enacted by Laws 1971, ch. 55, § 1; 1989, ch. 263, § 9; repealed by Laws 2016, ch. 24, § 3. ANNOTATIONS Repeals. — Laws 2016, ch. 24, § 3 repealed 52-1-12 NMSA 1978, as enacted by Laws 1971, ch. 55, § 1, relating to compensation prohibited when worker under […]
A. As used in this section, “intoxication” or “influence” means a temporary state or condition of impaired physical, mental or cognitive function by means of alcohol, a drug, a controlled substance or a combination of two or more substances at the time of injury or death. “Drug” or “controlled substance” pursuant to this section does […]
Any agreement made between such employer and any such worker to be bound by the provisions of the Workers’ Compensation Act may be terminated by either party upon giving thirty days notice to the other in writing, prior to any accidental injury suffered by such worker. History: Laws 1929, ch. 113, § 9; C.S. 1929, […]
This act [Chapter 52, Article 1 NMSA 1978] shall not be construed to apply to business or 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: Laws 1929, ch. […]
As used in the Workers’ Compensation Act, unless the context otherwise requires, “employer” includes any person or body of persons, corporate or incorporate, and the legal representative of a deceased employer or the receiver or trustee of a person, corporation, association or partnership engaged in or carrying on for the purpose of business or trade, […]
A. As used in the Workers’ Compensation Act, unless the context otherwise requires, “worker” means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer’s trade or business. The […]
As used in the Workers’ Compensation Act, unless the context otherwise requires, the following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of the Workers’ Compensation Act: A. a child under eighteen years of age or incapable of self-support and unmarried or under twenty-three years of age if […]
As used in the Workers’ Compensation Act, unless the context otherwise requires, “child” includes stepchildren, adopted children, posthumous children and acknowledged illegitimate children but does not include married children unless dependent. The words “adopted” or “adoption” as used in the Workers’ Compensation Act shall include cases where persons are treated as adopted as well as […]
As used in the Workers’ Compensation Act, unless the context otherwise requires, “injury by accident arising out of and in the course of employment” shall include accidental injuries to workers and death resulting from accidental injury as a result of their employment and while at work in any place where their employer’s business requires their […]
As used in the Workers’ Compensation Act, unless the context otherwise requires, the average weekly wage of an injured employee shall be taken as the basis upon which to compute compensation payments and shall be determined as follows: A. “average weekly wage” means the weekly wage earned by the worker at the time of the […]
ANNOTATIONS Repeals. — Laws 1987, ch. 235, § 54B repeals 52-1-21 NMSA 1978 as enacted by Laws 1965, ch. 295, § 14, relating to the use of the terms “judge” and “court” in the Workmen’s Compensation Act, effective June 19, 1987.
As used in the Workers’ Compensation Act, unless the context otherwise requires, where any employer procures any work to be done wholly or in part for him by a contractor other than an independent contractor and the work so procured to be done is a part or process in the trade or business or undertaking […]
For purposes of the Workers’ Compensation Act, where any employer procures any work to be done wholly or in part for him by a contractor where the work so procured to be done is casual employment as to such employer, then such contractor shall become the employer. History: 1953 Comp., § 59-10-12.16, enacted by Laws […]
As used in the Workers’ Compensation Act: A. “impairment” means an anatomical or functional abnormality existing after the date of maximum medical improvement as determined by a medically or scientifically demonstrable finding and based upon the most recent edition of the American medical association’s guide to the evaluation of permanent impairment or comparable publications of […]
As used in the Workers’ Compensation Act, “date of maximum medical improvement” means the date after which further recovery from or lasting improvement to an injury can no longer be reasonably anticipated based upon reasonable medical probability as determined by a health care provider defined in Subsection C, E or G of Section 52-4-1 NMSA […]
A. As used in the Workers’ Compensation Act, “permanent total disability” means: (1) the permanent and total loss or loss of use of both hands or both arms or both feet or both legs or both eyes or any two of them; or (2) a brain injury resulting from a single traumatic work-related injury that […]
