A. There is created in the workers' compensation administration an advisory council on workers' compensation and occupational disease disablement. Members of the council shall be appointed by the governor. There shall be six voting members of the council with three members representing employers and three members representing workers. No member representing employers or workers shall be an attorney. Three of the original appointees shall serve for terms of two years, and three shall serve for four years. The members shall determine by lot which members shall serve for four years and which shall serve for two. Thereafter, each member shall be appointed for a term of four years. The council shall elect a chairman from its membership. The director shall be an ex-officio, nonvoting member of the council.
B. Members of the council shall not be paid but shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
C. The council shall meet at least twice each year. It shall annually review workers' compensation and occupational disease disablement in New Mexico and shall issue a report of its findings and conclusions on or before January 1 of each year. The annual report shall be sent to the governor, the superintendent of insurance, the speaker of the house of representatives, the president pro tempore of the senate, the minority leaders of both houses and the chairmen of all appropriate committees of each house that review the status of the workers' compensation and occupational disease disablement system. In performing these responsibilities, the council's role shall be strictly advisory, but it may:
(1) make recommendations relating to the adoption of rules and legislation;
(2) make recommendations regarding the method and form of statistical data collections; and
(3) monitor the performance of the workers' compensation and occupational disease disablement system in the implementation of legislative directives.
D. The advisory council on workers' compensation and occupational disease disablement shall appoint a committee composed of three members representing workers and three members representing employers to designate an approved list of health care providers who are authorized to conduct independent medical examinations. The committee shall, to the greatest extent possible, designate only health care providers whose judgments are respected, or not objected to, by recognized representatives of both employer and worker interests and whose judgments are not perceived to favor any particular interest group. Members of the committee shall be immune from personal liability for any official action taken in establishing the approved list of health care providers. The committee shall review and revise the list annually. The terms of the original members shall be two years, and thereafter the terms of the members shall be staggered so that each year the committee appoints one member who represents workers and one member who represents employers. The members shall annually elect a chairman. No member representing employers or workers shall be an attorney.
E. The workers' compensation administration shall cooperate with the council and shall provide information and staff support as reasonably necessary and required by the council and by the committee appointed pursuant to Subsection D of this section.
History: Laws 1990 (2nd S.S.), ch. 2, § 28; 1993, ch. 193, § 1.
The 1993 amendment, effective June 18, 1993, in Subsection A, deleted the former next-to-last sentence, which read "The governor shall also appoint three nonvoting members of the council: one from an insurance company, one health care provider and one attorney", and made a minor stylistic change; made a minor stylistic change in Subsection C; inserted the second and third sentences in Subsection D; and made minor stylistic changes in Subsection E.
Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
Structure 2021 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 1 - Workers' Compensation
Section 52-1-1.1 - Definitions.
Section 52-1-2 - Employers who come within act.
Section 52-1-3 - Workers' compensation coverage; coverage by state agencies.
Section 52-1-3.1 - Public employee.
Section 52-1-4.2 - Controlled insurance plan; penalty.
Section 52-1-5 - Destruction of policies, bonds and undertakings.
Section 52-1-6 - Application of provisions of act.
Section 52-1-6.1 - Worker's compensation; definition.
Section 52-1-6.2 - Safety programs; inspections; penalties; bonuses.
Section 52-1-8 - Defenses to action by employee.
Section 52-1-9 - Right to compensation; exclusive.
Section 52-1-10.1 - Allocation of fault; reimbursement.
Section 52-1-11 - Injuries caused by the willfulness or intention of worker are noncompensable.
Section 52-1-13 - Termination of agreements.
Section 52-1-14 - [Interstate commerce not subject to state legislation exempted.]
Section 52-1-16 - Worker; real estate salesperson excepted.
Section 52-1-19 - Injury by accident; course of employment.
Section 52-1-20 - Determination of average weekly wage.
Section 52-1-22 - Work not casual employment.
Section 52-1-23 - Contractor becoming employer in casual employment.
Section 52-1-24 - Impairment; definition.
Section 52-1-24.1 - Date of maximum medical improvement.
Section 52-1-25 - Permanent total disability.
Section 52-1-25.1 - Temporary total disability; return to work.
Section 52-1-26 - Permanent partial disability.
Section 52-1-26.1 - Partial disability determination; calculation of modifications.
Section 52-1-26.2 - Partial disability determination; age modification.
Section 52-1-26.3 - Partial disability determination; education modification.
Section 52-1-26.4 - Partial disability determination; physical capacity modification.
Section 52-1-28 - Compensable claims; proof.
Section 52-1-28.1 - Unfair claim-processing practices; bad faith.
Section 52-1-28.2 - Retaliation against employee seeking benefits; civil penalty.
Section 52-1-29 - Notice of accident to employer; employer to post clear notice of requirement.
Section 52-1-30 - Payment of compensation benefits; installments.
Section 52-1-32 to 52-1-35 - Repealed.
Section 52-1-36 - Effect of failure of worker to file claim by reason of conduct of employer.
Section 52-1-38 - Judgment; provisions; execution; subrogation; contempts.
Section 52-1-40 - Waiting period.
Section 52-1-41 - Compensation benefits; total disability.
Section 52-1-42 - Compensation benefits; permanent partial disability; maximum duration of benefits.
Section 52-1-43 - Compensation benefits; injury to specific body members.
Section 52-1-44 - Compensation benefits; facial disfigurement.
Section 52-1-46 - Compensation benefits for death.
Section 52-1-47 - Limitations on compensation benefits.
Section 52-1-47.1 - Compensation benefits limit.
Section 52-1-48 - Additional limitation on benefits.
Section 52-1-50.1 - Rehiring of injured workers.
Section 52-1-52 - Exemption from creditors.
Section 52-1-53 - [Accident prevention laws not affected.]
Section 52-1-56 - Diminution; termination or increase of compensation.
Section 52-1-58 - Reports to be filed with director.
Section 52-1-59 - Effect of failure to file report.
Section 52-1-60 - Notice to director of date of payment.
Section 52-1-62 - Director to enforce Workers' Compensation Act.
Section 52-1-63 - Educational institutions exempt.
Section 52-1-64 - Extra-territorial coverage.
Section 52-1-65 - Credit for benefits furnished or paid under laws of other jurisdictions.
Section 52-1-67 - Locale of employment; definitions.
Section 52-1-68 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.
Section 52-1-70 - Offset of unemployment compensation benefits.