The payment or award of benefits under the occupational disease disablement law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such occupational disease to the benefits of this act [52-3-55 to 52-3-59 NMSA 1978] shall not be a bar to a claim for benefits under this act; provided that claim under this act is filed within one year after such occupational disease. If compensation is paid or awarded under this act:
A. the medical and related benefits furnished or paid for by the employer under such other occupational disease disablement law on account of such occupational disease shall be credited against the medical and related benefits to which the employee would have been entitled under this act had claim been made solely under this act;
B. the total amount of all income benefits paid or awarded the employee under such other occupational disease disablement law shall be credited against the total amount of income benefits which would have been due the employee under this act, had claim been made solely under this act; and
C. the total amount of death benefits paid or awarded under such other occupational disease disablement law shall be credited against the total amount of death benefits due under this act.
History: 1953 Comp., § 59-11-43.1, enacted by Laws 1975, ch. 268, § 2.
Structure 2021 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 3 - Occupational Disease Disablement
Section 52-3-2 - Employers who come within the New Mexico Occupational Disease Disablement Law.
Section 52-3-3 - Definitions; employee and lessee in mines.
Section 52-3-3.1 - Recompiled.
Section 52-3-7 - Defenses to action by employee.
Section 52-3-8 - Right to compensation; exclusive when.
Section 52-3-9 - Filing insurance under the New Mexico Occupational Disease Disablement Law.
Section 52-3-9.2 - Destruction of policies, bonds and undertakings.
Section 52-3-10 - Employer liability for compensation; conditions when no payment to be made.
Section 52-3-11 - Last employer liable; exception.
Section 52-3-12 - Not applicable in certain cases.
Section 52-3-13 - Dependents defined; determination of.
Section 52-3-14 - Compensation; limitations.
Section 52-3-17 - Vocational rehabilitation services.
Section 52-3-18 - Determination by worker's compensation division of the labor department.
Section 52-3-19 - Notice of disablement to employer; employer to post clear notice of requirement.
Section 52-3-20 - Payment of benefits in installments.
Section 52-3-21 to 52-3-24 - Repealed.
Section 52-3-25 - Effect of failure of worker to file claim by reason of conduct of employer.
Section 52-3-26 to 52-3-30 - Repealed.
Section 52-3-32 - Occupational diseases; proximate causation.
Section 52-3-32.1 - Firefighter occupational conditions.
Section 52-3-33 - Occupational diseases; definition.
Section 52-3-34 - When complicated with other diseases; payments.
Section 52-3-35 - Termination of compensation; reopening award; time; limits.
Section 52-3-36 - Conversion to lump-sum payment.
Section 52-3-37 - Compensation exempt from execution.
Section 52-3-38 - Minor deemed sui juris.
Section 52-3-40 - Autopsy in death claims.
Section 52-3-41 - Absence; employee to give notices of.
Section 52-3-42 - Limitation on filing of claims; rights barred unless timely filed.
Section 52-3-43 - When occupational disease aggravated by other diseases.
Section 52-3-44 - No liability prior to effective date.
Section 52-3-45 - Employees [Employee's] willful misconduct, willful self-exposure; defined.
Section 52-3-45.1 - Unfair claim-processing practices; bad faith.
Section 52-3-45.2 - Retaliation against employee seeking benefits; civil penalty.
Section 52-3-45.4 - Compensation benefits limit.
Section 52-3-48 - Employee to submit to examination and give information regarding self.
Section 52-3-49.1 - Rehiring of disabled workers.
Section 52-3-50 - Effect of failure of employee to file claim by reason of conduct of employer.
Section 52-3-51 - Reports to be filed with director.
Section 52-3-52 - Notice to director.
Section 52-3-54 - Director to enforce the New Mexico Occupational Disease Disablement Law.
Section 52-3-55 - Extraterritorial coverage.
Section 52-3-56 - Credit for benefits furnished or paid under laws of other jurisdictions.
Section 52-3-58 - Locale of employment.
Section 52-3-59 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.
Section 52-3-60 - Offset of unemployment compensation benefits.