A. The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of the New Mexico Occupational Disease Disablement Law:
(1) a child under eighteen years of age or incapable of self-support and unmarried or under twenty-three years of age if enrolled as a full-time student in any accredited educational institution;
(2) the widow or widower, only if living with the deceased at the time of his death or legally entitled to be supported by him, including a divorced spouse entitled to alimony;
(3) a parent or grandparent only if actually dependent, wholly or partially, upon the deceased;
(4) a grandchild, brother or sister only if under eighteen years of age, or incapable of self-support, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the disablement.
(5) questions as to who constitute dependents, and the extent of their dependency, shall be determined as of the date of the disablement and their right to any death benefits shall cease upon the happening of any one of the following contingencies:
(a) upon the marriage of the widow or widower;
(b) upon a child, grandchild, brother or sister reaching the age of eighteen years, unless at such time said child, grandchild, brother or sister is physically or mentally incapacitated from earnings, or upon a dependent child, grandchild, brother or sister becoming self-supporting prior to attaining said age, or, if a child, grandchild, brother or sister over eighteen who is enrolled as a full-time student in any accredited educational institution ceases to be so enrolled or reaches the age of twenty-three. A child, grandchild, brother or sister who originally qualified as a dependent by virtue of being less than eighteen years of age may, upon reaching age eighteen, continue to qualify if physically or mentally incapable of self-support and actually dependent or enrolled in an educational institution;
(c) upon the death of any dependent.
B. As used in this section the term "child" includes stepchildren, adopted children, posthumous children, wholly dependent grandchildren and acknowledged illegitimate children, but does not include married children unless dependent. The words "adopted" and "adoption" as used in the New Mexico Occupational Disease Disablement Law shall include cases where persons are treated as adopted as well as those of legal adoption.
History: 1941 Comp., § 57-1113, enacted by Laws 1945, ch. 135, § 13; 1953 Comp., § 59-11-13; Laws 1965, ch. 299, § 1; 1973, ch. 46, § 1; 1977, ch. 276, § 1.
Compiler's notes. — It appears that Paragraph (5) of Subsection A is not actually a part of Subsection A, but it has been so designated because it is set out in the acts in such manner.
Structure New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 3 - Occupational Disease Disablement
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 52-3-7 - 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 52-3-9.2 - Destruction of policies, bonds and undertakings.
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 52-3-17 - 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 52-3-32 - 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 52-3-40 - 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 52-3-45.4 - Compensation benefits limit.
Section 52-3-48 - Employee to submit to examination and give information regarding self.
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 52-3-54 - 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 52-3-58 - 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.