For the purpose of enforcing the New Mexico Occupational Disease Disablement Law, there are hereby conferred upon the director the following powers and duties, so that when any employer subject to the provisions of the New Mexico Occupational Disease Disablement Law fails to comply with Section 52-3-9 NMSA 1978 relating to the filing of an undertaking in the nature of insurance or security for the payment of benefits under the New Mexico Occupational Disease Disablement Law, the director is hereby empowered to institute in his own name an action in the district court of Santa Fe county or the county wherein the employer resides or has his principal office or place of business to enjoin the employer from continuing his business operations until he has complied with the provisions of Section 52-3-9 NMSA 1978, and upon a showing of the facts above recited, the court shall grant the injunction. In any such action, the attorney general or district attorney for the judicial district wherein the action is brought shall represent the director.
History: 1941 Comp., § 57-1141, enacted by Laws 1945, ch. 135, § 41; 1953 Comp., § 59-11-42; Laws 1986, ch. 22, § 73.
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Section 52-3-21 to 52-3-24 - Repealed.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Section 52-3-26 to 52-3-30 - Repealed.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.