For the purpose of enforcing the Workers' Compensation Act, there are hereby conferred upon the director the following powers and duties:
A. when any employer subject to the provisions of the Workers' Compensation Act fails to comply with Section 52-1-4 NMSA 1978 relating to the filing of an undertaking in the nature of insurance or security for the payment of benefits under the Workers' Compensation Act, the director is empowered to institute in his own name an action in the district court of Santa Fe county or the county where the employer resides or has his principal office or place of business to enjoin the employer from continuing his business operations until he has complied with the provisions of Section 52-1-4 NMSA 1978, and upon a showing of the facts above recited, the court shall grant such injunction. In any such action, the attorney general or district attorney for the judicial district where the action is brought shall represent the director; and
B. for the purpose of ascertaining the correctness of any reported wage expenditure, the number of men employed and other information necessary in the administration of the Workers' Compensation Act, the director may, upon his own initiative or upon request of any interested party, hold hearings and subpoena all books, records and payrolls of any employer subject to the provisions of the Workers' Compensation Act which show or reflect in any way upon the amount of wage expenditures of such employer or other facts, data or statistics appertaining to the purposes of that act.
History: Laws 1937, ch. 92, § 18; 1941 Comp., § 57-931; 1953 Comp., § 59-10-31; Laws 1986, ch. 22, § 24; 1989, ch. 263, § 38.
Failure to comply subjects employer to injunction. — Failure to comply with Section 52-1-4 NMSA 1978 subjects the employer to an injunction from continuing his business operations until he has complied. Quintana v. Nolan Bros., 1969-NMCA-083, 80 N.M. 589, 458 P.2d 841.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Prohibition to control workmen's compensation boards and officers, 115 A.L.R. 32, 159 A.L.R. 627.
100 C.J.S. Workmen's Compensation §§ 378 to 386.
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.