A. Every employer subject to the New Mexico Occupational Disease Disablement Law shall file in the office of the director evidence of workers' occupational disease disablement insurance coverage in the form of a certificate containing that information required by regulation of the director. The required certificate must be provided by an authorized insurer as defined in Section 59A-1-8 NMSA 1978. In case any employer is able to show to the satisfaction of the director that he is financially solvent and that providing insurance coverage is unnecessary, the director shall issue him a certificate to that effect, which shall be filed in lieu of the certificate of insurance. The director shall provide by regulation the procedures for reviewing, renewing and revoking any certificate excusing an employer from filing a certificate of insurance, including provisions permitting the director to condition the issuance of the certificate upon the employer's proving adequate security.
B. Any certificate of the director filed under the provisions of this section shall show the post office address of that employer.
C. Every contract or policy insuring against liability for workers' occupational disease disablement benefits or certificate that is filed under the provisions of this section shall provide that the insurance carrier or the employer shall be directly and primarily liable to the worker and, in event of his death, his dependents, to pay the compensation for which the employer is liable.
D. In the event of an insurance policy cancellation, the occupational disease disablement insurance carrier shall file notice with the director within ten days of such cancellation on a form approved by the director.
History: 1978 Comp., § 52-3-9, enacted by Laws 1987, ch. 235, § 33; 1990 (2nd S.S.), ch. 2, § 35.
Repeals and reenactments. — Laws 1987, ch. 235, § 33, repealed former 52-3-9 NMSA 1978, as amended by Laws 1986, ch. 22, § 55 and enacted a new section, effective June 19, 1987.
The 1990 (2nd S.S.) amendment, effective January 1, 1991, added the second sentence in Subsection A, substituted "that" for "which" following "certificate" in Subsection C, and rewrote Subsection D which formerly pertained to the applicability of the section to localities.
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.