New Mexico Statutes
Article 1 - Workers' Compensation
Section 52-1-1.1 - Definitions.

As used in Chapter 52, Articles 1 through 6 NMSA 1978:
A. "controlled insurance plan" means a plan of insurance coverage that is established by an owner or principal contractor that requires participation by contractors or subcontractors who are engaged in the construction project, including coverage plans that are for a fixed term of coverage on a single construction site;
B. "director" means the director of the workers' compensation administration;
C. "division" means the workers' compensation administration;
D. "extra-hazardous employer" means an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry;
E. "rolling wrap-up or consolidated insurance plan" means coverage for an ongoing project or series of projects in which the common insurance program remains in place indefinitely and contracted work is simply added as it occurs under the control of one owner or principal contractor;
F. "workers' compensation judge" means an individual appointed by the director to act as a workers' compensation judge in the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law;
G. "workman" or "workmen" means worker or workers;
H. "Workmen's Compensation Act" means the Workers' Compensation Act; and
I. "workmen's compensation administration" or "administration" means the workers' compensation administration.
History: Laws 1986, ch. 22, § 26; 1987, ch. 235, § 2; 1989, ch. 263, § 2; 1990 (2nd S.S.), ch. 2, § 1; 2003, ch. 259, § 1; 2003, ch. 263, § 1; 2013, ch. 134, § 1.
The 2013 amendment, effective July 1, 2013, defined "extra-hazardous employer"; and added Subsection D.
The 2003 amendment, effective June 20, 2003, added new Subsections A and D, which defined "controlled insurance plan" and "rolling wrap-up or consolidated insurance plan" and redesignated the prior subsections accordingly.
The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "workers' compensation administration" for "workers' compensation division of the labor department" in Subsection A; added present Subsection B; redesignated former Subsections B through E as Subsections C through F; and substituted present Subsection F for the former subsection which read "'workmen's compensation administration' means workers' compensation division of the labor department".

Structure New Mexico Statutes

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.