2011 New Mexico Statutes
Chapter 52: Workers' Compensation
Article 3: Occupational Disease Disablement, 52-3-1 through 52-3-60
Section 52-3-8: Right to compensation; exclusive when.
52-3-8. Right to compensation; exclusive when.
The right to the compensation provided for in this act, in lieu of any other liability whatsoever, to any and all persons whomsoever, for any disablement from occupational disease or death resulting therefrom, shall obtain in all cases where the following conditions occur:
A. where at the time of disablement both employer and employee are subject to the provisions of this act; and where the employer has complied with the provisions hereof regarding insurance;
B. where at the time of disablement the employee is performing service arising out of and in the course of his employment;
C. where the disablement or death is proximately caused by an occupational disease arising out of and in the course of his employment, and is not intentionally self-inflicted.
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