New Mexico Statutes
Article 1 - Workers' Compensation
Section 52-1-32 to 52-1-35 - Repealed.

Repeals. — Laws 1986, ch. 22, § 102 repeals former 52-1-32 through 52-1-35 NMSA 1978, relating to procedures in making claims for workmen's compensation benefits, effective May 21, 1986. For present comparable provisions, see 52-5-5 NMSA 1978 et seq.
Repeal, as to question of district court jurisdiction, unconstitutional. — To the extent that repeal of 52-1-32 to 52-1-35 NMSA 1978 by Laws 1986, ch. 22, § 102 deprives a claimant of a forum between May 21 and December 1, 1986 for resolution of a legislatively-created right, that portion of § 102 is unconstitutional, when applied to the very narrow question of jurisdiction over a claimant who has filed or will file a claim in district court prior to December 1, 1986. Wylie Corp. v. Mowrer, 1986-NMSC-075, 104 N.M. 751, 726 P.2d 1381.

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Section 52-1-4.1 - Repealed.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.