A. Every employer not domiciled in the state who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and every other employer not domiciled in the state who employs three or more workers within the state, whether that employment is permanent, temporary or transitory and whether the workers are residents or nonresidents of the state, shall comply with the provisions of Section 52-3-9 NMSA 1978 and, unless self-insured, shall obtain an occupational disease disablement compensation insurance policy or an endorsement to an existing policy, issued in accordance with the provisions of Section 59A-17-10.1 NMSA 1978. An employer who does not comply with the foregoing requirement shall be barred from recovery by legal action for labor or materials furnished during any period of time in which he was not in compliance with the requirements of this section and, if the noncomplying employment is in an activity for which the employer is licensed under the provisions of the Construction Industries Licensing Act, the employer's license is subject to revocation or suspension for the violation.
B. The construction industries division of the regulation and licensing department, or a local government that is carrying out those duties, shall not issue any permit required for a contractor to undertake a construction contract if that contract is for an amount in excess of one hundred thousand dollars ($100,000) unless the contractor has filed with the division proof of compliance with Subsection A of this section.
History: 1978 Comp., § 52-3-57, enacted by Laws 1990 (2nd S.S.), ch. 2, § 43.
Repeals and reenactments. — Laws 1990 (2nd S.S.), ch. 2, § 43, repealed former 52-3-57 NMSA 1978, as amended by Laws 1986, ch. 22, § 74, and enacted new section, effective January 1, 1991.
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.