A. There is created in the workers' compensation administration an "enforcement bureau".
B. The enforcement bureau shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced. The enforcement bureau shall refer to an appropriate law enforcement agency any finding of fraud. For any claim pending in the administration, the enforcement bureau shall also bring its findings to the attention of the workers' compensation judge assigned to that claim.
C. For the purposes of this section, "fraud" includes the intentional misrepresentation of a material fact resulting in workers' compensation or occupational disablement coverage, the payment or withholding of benefits or an attempt to obtain or withhold benefits. The intentional misrepresentation of a material fact may occur through the conduct, practices, omissions or representations of any person. Any person found guilty of committing fraud shall be sentenced pursuant to the provisions of Section 30-16-6 NMSA 1978 and the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
History: Laws 1990 (2nd S.S.), ch. 2, § 63; 2013, ch. 134, § 5.
The 2013 amendment, effective July 1, 2013, replaced the safety and fraud division of the worker's compensation administration with an enforcement bureau; in the title, deleted "safety and fraud division" and added "enforcement bureau"; in Subsections A and B, deleted "safety and fraud division" and added "enforcement bureau"; deleted former Subsection B, which required the safety and fraud division to develop a program to identify extra-hazardous employers; deleted former Subsection C, which required extra-hazardous employers to obtain a safety consultation from the safety and fraud division; and deleted former Subsection D, which required extra-hazardous employers to formulate an accident prevention plan.
Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
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.