2021 New Mexico Statutes
Article 3 - Occupational Disease Disablement
Section 52-3-58 - Locale of employment.

A. A person's employment is principally localized in this or another state when:
(1) his employer has a place of business in this or such other state and he regularly works at or from such place of business; or
(2) if Paragraph (1) of this subsection is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
B. An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another state, and, unless the other state refuses jurisdiction, the agreement shall be given effect under the New Mexico Occupational Disease Disablement Law.
C. As used in Sections 52-3-55 through 52-3-58 NMSA 1978:
(1) "United States" includes only the states of the United States and the District of Columbia;
(2) "state" includes any state of the United States, the District of Columbia or any province of Canada; and
(3) "carrier" includes any insurance company licensed to write workers' compensation insurance in any state of the United States or any state or provincial fund which insures employers against their liabilities under an occupational disease disablement law.
History: 1953 Comp., § 59-11-43.3, enacted by Laws 1975, ch. 268, § 4; 1989, ch. 263, § 67.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 52 - Workers' Compensation

Article 3 - Occupational Disease Disablement

Section 52-3-1 - Name of act.

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 52-3-4 - Definitions.

Section 52-3-5 - Acceptance.

Section 52-3-6 - Application of provisions of the New Mexico Occupational Disease Disablement Law to certain corporations' employees.

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Section 52-3-9.1 - Repealed.

Section 52-3-9.2 - Destruction of policies, bonds and undertakings.

Section 52-3-9.3 - Repealed.

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 52-3-15 - Disablement compensation restrictions; medical and related services; selection of health care provider; artificial members.

Section 52-3-16 - Claim to be filed for occupational disease disablement benefits; effect of failure to give required notice or to file claim within time allowed.

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 52-3-31 - 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 52-3-39 - Physical examinations of worker; independent medical examination; unsanitary or injurious practices by worker; testimony of health care providers.

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 52-3-45.3 - False statements or representations with regard to physical condition; forfeiture.

Section 52-3-45.4 - Compensation benefits limit.

Section 52-3-46 - Compensation limited to Occupational Disease Disablement Law; not additional to that provided for accidents.

Section 52-3-47 - Fee restrictions; appointment of attorneys by the director or workers' compensation judge; discovery costs; offer of judgment; penalty for violations.

Section 52-3-48 - Employee to submit to examination and give information regarding self.

Section 52-3-49 - Rights and liabilities of employer and employee after award; penalty for failure to file undertaking or become exempt therefrom.

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 52-3-53 - Penalties.

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 52-3-57 - Nonresident employers employing workers in state; requirement for insurance; enforcement.

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.