Except as otherwise provided in this section, unless introduced as evidence in an administrative or judicial proceeding or filed with the clerk of the court as part of an enforcement or compliance proceeding, all records of the administration shall be confidential. Once an accident or disablement occurs, any person who is a party to a claim upon that accident or disablement is entitled to access to all files relating to that accident or disablement and to all files relating to any prior accident, injury or disablement of the worker. Upon the filing of a rejection of a recommended resolution, all records filed with the clerk of the court as part of the judicial proceeding shall be open to the public.
History: Laws 1990 (2nd S.S.), ch. 2, § 65; 2001, ch. 87, § 5.
The 2001 amendment, effective July 1, 2001, inserted "Except as otherwise provided in this section" at the beginning of the section; inserted "or filed with the clerk or the court as a part of an enforcement or compliance proceeding" near the middle of the first sentence; deleted "provided, however, that" following "shall be confidential" at the end of the first sentence; and inserted the final sentence.
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.