A. If a guardian or legal representative has been appointed for a person who is incompetent or a minor, payment of compensation benefits under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] shall be made to the guardian or legal representative.
B. If no guardian or legal representative has been appointed and notwithstanding any provisions of law to the contrary, the compensation benefits payable to a minor or incompetent person may, upon approval of the director after hearing, be paid by the employer in whole or in such part as the director determines for and on behalf of the minor or incompetent person directly to the person caring for, supporting or having custody of the minor or incompetent person, without requiring the appointment of a guardian or legal representative. The director may petition a court of competent jurisdiction for appointment of a guardian or other representative to receive compensation benefits payable to, or to represent in compensation proceedings, any person who is incompetent or a minor.
C. The director may require of a guardian or other legal representative or of any person to whom compensation benefits may be paid under this section an accounting of the disposition of the funds received by the person under the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law and for and on behalf of the minor or incompetent person.
D. Nothing in the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law precludes the payment of compensation benefits directly to a minor or incompetent person with the approval of the director.
E. The payment of compensation by the employer in accordance with the order of the director discharges the employer from all further obligation as to that compensation.
History: Laws 1986, ch. 22, § 37; 1989, ch. 263, § 80.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Workers' compensation statute as barring illegally employed minor's tort action, 77 A.L.R.4th 844.
Structure New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 5 - Workers' Compensation Division
Section 52-5-1.1 - Short title.
Section 52-5-1.2 - Workers' compensation administration created.
Section 52-5-1.3 - Enforcement bureau.
Section 52-5-1.4 - Ombudsman program.
Section 52-5-2 - Director; appointment; employees; workers' compensation judges.
Section 52-5-3 - Reports; data gathering.
Section 52-5-4 - Authority to adopt rules, regulations and fee schedules.
Section 52-5-4.1 - Qualifications to be a self-insurer; certification; application; fee.
Section 52-5-5 - Claims; informal conferences.
Section 52-5-6 - Authority of the director to conduct hearings.
Section 52-5-7 - Hearing procedure.
Section 52-5-8 - Judicial review of decision by workers' compensation judge.
Section 52-5-9 - Application for modification of compensation order.
Section 52-5-10 - Enforcement of payment in default.
Section 52-5-11 - Minors and incompetents.
Section 52-5-12 - Payment; periodic or lump sum; settlement.
Section 52-5-13 - Approval of lump sum settlement by workers' compensation judge.
Section 52-5-14 - Order of approval.
Section 52-5-15 - Awards; provisions.
Section 52-5-16 - Physical examination of worker; statements regarding dependents.
Section 52-5-17 - Subrogation.
Section 52-5-18 - Limitation on filing claims.
Section 52-5-19 - Fee for funding administration; workers' compensation administration fund created.
Section 52-5-20 - Notification to employer; penalty.
Section 52-5-21 - Administration records confidentiality; authorized use.