2021 New Mexico Statutes
Article 1 - Workers' Compensation
Section 52-1-60 - Notice to director of date of payment.

A. Every employer's workers' compensation insurance carrier shall notify the director of the date on which the initial payment of any claim for benefits has been made within ten days of such payment.
B. The director shall provide on a quarterly basis to the child support enforcement division of the human services department the name, social security number, home address and employer of all injured workers reported.
C. A court order filed by the child support enforcement division of the human services department in the claim of the workers' compensation administration stating that the claimant owes past due or ongoing support shall constitute a notice that lump sum and partial-lump sum payment of benefits to a claimant are barred contingent on satisfaction of the child support arrearage. No order approving a lump sum or partial-lump sum payment to a claimant pursuant to Section 52-5-12 NMSA 1978 shall be executed or entered until:
(1) the arrearage has been satisfied;
(2) provision has been made in the order for lump sum or partial-lump sum settlement for direct payment of sufficient funds to the child support enforcement division to satisfy the arrearage; or
(3) the workers' compensation judge makes a specific written finding of extreme hardship to the worker excusing the satisfaction of the arrearages from those funds.
History: Laws 1937, ch. 92, § 16; 1941 Comp., § 57-929; 1953 Comp., § 59-10-29; Laws 1983, ch. 78, § 2; 1986, ch. 22, § 22; 1989, ch. 263, § 36; 1990 (2nd S.S.), ch. 2, § 25; 1993, ch. 202, § 1.
The 1993 amendment, effective June 18, 1993, made stylistic changes in Subsection A, substituted "division" for "bureau" in Subsection B, and added Subsection C.
The 1990 (2nd S.S.) amendment, effective January 1, 1991, deleted "also" following "is" and substituted "benefits" for "compensation" in Subsection A and deleted "promptly thereafter" following "shall" and inserted "on a quarterly basis" in Subsection B.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 52 - Workers' Compensation

Article 1 - Workers' Compensation

Section 52-1-1 - Short title.

Section 52-1-1.1 - Definitions.

Section 52-1-1.2 - Advisory council on workers' compensation and occupational disease disablement; functions and duties; independent medical examinations committee.

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 - Filing certificate of insurance coverage or other evidence of coverage with workers' compensation administration; exemptions from requirement.

Section 52-1-4.1 - Repealed.

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 52-1-7 - Application of provisions of act to certain executive employees or sole proprietors.

Section 52-1-8 - Defenses to action by employee.

Section 52-1-9 - Right to compensation; exclusive.

Section 52-1-9.1 - Uninsured employers' fund; workers' compensation administration; additional duties.

Section 52-1-10 - Increase or reduction in compensation based on failure of employer to provide or failure of employee to use safety devices.

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 52-1-12 - Repealed.

Section 52-1-12.1 - Reduction in compensation when alcohol or drugs contribute to injury or death; exceptions.

Section 52-1-13 - Termination of agreements.

Section 52-1-14 - [Interstate commerce not subject to state legislation exempted.]

Section 52-1-15 - Employer.

Section 52-1-16 - Worker; real estate salesperson excepted.

Section 52-1-17 - Dependents.

Section 52-1-18 - Child.

Section 52-1-19 - Injury by accident; course of employment.

Section 52-1-20 - Determination of average weekly wage.

Section 52-1-21 - Repealed.

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 52-1-27 - Repealed.

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 52-1-28.3 - False statements or representations with regard to physical condition; forfeiture.

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 52-1-31 - Claim to be filed for workers' compensation; effect of failure to give required notice or to file claim within time allowed.

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 52-1-37 - Repealed.

Section 52-1-38 - Judgment; provisions; execution; subrogation; contempts.

Section 52-1-39 - Repealed.

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 52-1-45 - Compensation benefits; hernia; proof of claim; failure to be operated [upon]; examination; medical care.

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 52-1-49 - Medical and related benefits; selection of health care provider; artificial members.

Section 52-1-50 - Repealed.

Section 52-1-50.1 - Rehiring of injured workers.

Section 52-1-51 - Physical examinations of worker; independent medical examination; unsanitary or injurious practices by worker; testimony of health care providers.

Section 52-1-52 - Exemption from creditors.

Section 52-1-53 - [Accident prevention laws not affected.]

Section 52-1-54 - Fee restrictions; appointment of attorneys by the director or workers' compensation judge; discovery costs; offer of judgment; penalty for violations.

Section 52-1-55 - Physical examinations; statements regarding dependents; pre-employment physical condition statements.

Section 52-1-56 - Diminution; termination or increase of compensation.

Section 52-1-57 - Repealed.

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 52-1-61 - Penalties.

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 52-1-66 - Nonresident employers employing workers in state; requirement for insurance; enforcement.

Section 52-1-67 - Locale of employment; definitions.

Section 52-1-68 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.

Section 52-1-69 - Repealed.

Section 52-1-70 - Offset of unemployment compensation benefits.