As used in the Workers' Compensation Act, unless the context otherwise requires, "child" includes stepchildren, adopted children, posthumous children and acknowledged illegitimate children but does not include married children unless dependent. The words "adopted" or "adoption" as used in the Workers' Compensation Act shall include cases where persons are treated as adopted as well as those of legal adoption.
History: 1953 Comp., § 59-10-12.11, enacted by Laws 1965, ch. 295, § 11; 1989, ch. 263, § 14.
Cross references. — For meaning of dependents, see 52-1-17 NMSA 1978.
Amount of compensation for child. — A child was not entitled to compensation in an amount equal to 25% of the earnings of the deceased where the deceased left a widow, no specific amount being provided as compensation to the child under such circumstances, and where deceased employee was survived by widow and child under 18 years by a prior marriage, compensation for both was limited to 45% of the workman's (worker's) wages not to exceed $18.00 per week. Wilson v. Rowan Drilling Co., 1950-NMSC-046, 55 N.M. 81, 227 P.2d 365 (decided under former law).
Allowance for unborn child. — Allowance was to be made in compensation proceeding for a child en ventre su mere for the period from the employee's death and child's birth, with proviso that compensation could be reduced if the child should be born dead or should die. Neeley v. Union Potash & Chem. Co., 1943-NMSC-010, 47 N.M. 100, 137 P.2d 312 (decided under former law).
Treatment of adopted children. — Former statute indicated a legislative thought that an adopted child should be treated "in all respects" as a natural child in applying the Workmen's (Workers') Compensation Act. Hahn v. Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308 (decided under former law).
Stepchildren and natural children treated equally. — For purposes of awarding survivor's benefits, dependent minor stepchildren, whether adopted or not, and natural children are treated equally, and each is entitled to share alike. Schall v. Schall, 1982-NMCA-045, 97 N.M. 665, 642 P.2d 1124.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 190, 200, 207, 373, 682.
99 C.J.S. Workmen's Compensation §§ 112 to 114, 146, 147; 100 C.J.S. Workmen's Compensation § 552.
Structure 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.