2019 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 3 - Occupational Disease Disablement
Section 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.

History: 1941 Comp., § 57-1107, enacted by Laws 1945, ch. 135, § 7; 1953 Comp., § 59-11-7.

Compiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and the compiler's notes thereto.

Disease contracted from pigeons roosting in warehouse. — Where worker was injured and died from psittacosis which worker contracted from exposure to pigeons and pigeon feces in the warehouse where worker was employed as a laborer, while worker was performing the duties that were assigned to worker by the employer during work hours; and there was no evidence that pigeons or psittacosis were incidental to the character of the employer's oilfield supply business or businesses that employ people in warehouses, psittacosis was not a natural incident of employment in the warehouse and worker's injury and death did not fall within the exclusivity provisions of the occupational disease disablement law. Castillo v. Caprock Pipe & Supply, Inc., 2012-NMCA-085, 285 P.3d 1072, cert. denied, 2012-NMCERT-007.

Receipt of retirement benefits would not prevent a workman (worker) from receiving occupational disease benefits if disablement has been established. Salazar v. Kaiser Steel Corp., 1973-NMCA-068, 85 N.M. 254, 511 P.2d 580 (Ct. App.), cert. denied, 85 N.M. 229, 511 P.2d 555.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 C.J.S. Employers' Liability §§ 4 to 11.