It is the intent of the legislature in creating the workers’ compensation administration that the laws administered by it to provide a workers’ benefit system be interpreted to assure the quick and efficient delivery of indemnity and medical benefits to injured and disabled workers at a reasonable cost to the employers who are subject to […]
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 […]
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 […]
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 […]
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 […]
A. In the event of default in the payment of compensation due under a compensation order, the person to whom compensation is payable may, after the thirtieth day from the date on which the compensation became due and before the lapse of one year from that due date, make application for a supplementary compensation order […]
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. […]
A. It is stated policy for the administration of the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] that it is in the best interest of the injured worker or disabled employee that the worker or employee receive benefit payments on a periodic […]
The lump sum payment agreement entered into between the worker or his dependents and the employer shall be presented to the workers’ compensation judge for approval upon a joint petition signed by all parties and verified by the worker or his dependents. The workers’ compensation judge shall in every case assure that the worker or […]
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 […]
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 […]
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 […]
A. The right of any worker or, in case of his death, of those entitled to receive payment or damages for injuries or disablement occasioned to him by the negligence or wrong of any person other than the employer or any other employee of the employer, including a management or supervisory employee, shall not be […]
No additional claim shall be filed by any worker who is receiving maximum compensation except that a worker claiming additional compensation because of his employer’s alleged failure to provide a safety device may file claim for that compensation, but in that event, only the safety devices issue may be determined in the claim. History: Laws […]
A. Beginning with the calendar quarter ending September 30, 2004 and for each calendar quarter thereafter, there is assessed against each employer who is required or elects to be covered by the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978] a fee equal to two dollars thirty cents ($2.30) multiplied by the number of […]
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 […]
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 […]
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 […]
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. […]
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 […]
