A. The risk management division of the general services department shall provide workers' compensation coverage for all public employees, as defined in the Workers' Compensation Act, of all state agencies regardless of the hazards of their employment.
B. The director of the risk management division shall ascertain the most economical means of providing such coverage and may secure a policy or policies of insurance to provide the coverage required. The director of the risk management division shall collect or transfer funds from each agency to cover the agency's respective share of the cost of the coverage.
C. The director of the risk management division shall determine the possibilities for including school districts under uniform coverage and the methods of administration therefor.
D. For purposes of this section, "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
History: 1953 Comp., § 59-10-2.1, enacted by Laws 1977, ch. 385, § 15; 1978, ch. 166, § 15; 1979, ch. 199, § 1; 1987, ch. 235, § 4.
Repeals and reenactments. — Laws 1977, ch. 385, § 15, repealed former 59-10-2.1, 1953 Comp., relating to coverage by state agencies for workmen's compensation insurance, and enacted a new 59-10-2.1, 1953 Comp.
School district is a political subdivision of the state created to aid in the administration of education, and subject to the immunities available to the state itself. McWhorter v. Board of Educ., 1958-NMSC-015, 63 N.M. 421, 320 P.2d 1025.
School district subject to act. — Although a school district is subject to the provisions of the Workmen's [Workers'] Compensation Act, there is no authority to support the contention that a suit can be brought without the consent of the state. McWhorter v. Board of Educ., 1958-NMSC-015, 63 N.M. 421, 320 P.2d 1025.
Applicability of exclusivity rule. — Employees of the public defender's department who were injured in the course of their employment were employees of the state for purposes of the exclusive remedy provisions of the Workers' Compensation Act, and the exclusivity rule applied to tort claims asserted against the State Highway Department by such employees. Singhas v. N.M. State Hwy. Dep't, 1995-NMCA-089, 120 N.M. 474, 902 P.2d 1077, aff'd, 1997-NMSC-054, 124 N.M. 42, 946 P.2d 645.
Because the State Highway Department is not recognized by law as a legal entity distinct from the state itself, the state could not be both employer and third party tortfeasor in an action against the Highway Department by employees of the public defender's department who were injured while traveling in the course of their employment, and the "dual persona" doctrine did not apply to extend immunity to Highway Department under the exclusive remedy provisions of the Workers' Compensation Act. Singhas v. N.M. State Hwy. Dep't, 1995-NMCA-089, 120 N.M. 474, 902 P.2d 1077, aff'd, 1997-NMSC-054, 124 N.M. 42, 946 P.2d 645.
Public officer not entitled to benefits. — Prior to 1972, members of the New Mexico state labor and industrial commission, the state fair commission, the racing commission and the livestock board, were all public officers, not employees, and not entitled to benefits under this act. 1968 Op. Att'y Gen. No. 68-109.
School bus drivers in San Miguel county are employees of county so as to come within the provisions of the Workmen's [Workers'] Compensation Act. 1959-60 Op. Att'y Gen. No. 60-202.
Volunteer fire department. — The village of Hatch need not pay premiums upon insurance for workmen's [workers'] compensation coverage for personnel of the volunteer fire department. 1956 Op. Att'y Gen. No. 56-6505.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 59, 60.
Constitutional or statutory provisions referring to "employees" as including public officers, 5 A.L.R.2d 415.
99 C.J.S. Workmen's Compensation §§ 27 to 37.
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.