2019 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 5 - Workers' Compensation Division
Section 52-5-1.2 - Workers' compensation administration created.

Universal Citation: NM Stat § 52-5-1.2 (2019)

There is created as an entity of state government the "workers' compensation administration".

History: Laws 1990 (2nd S.S.), ch. 2, § 62; 2003, ch. 259, § 8.

ANNOTATIONS

The 2003 amendment, effective June 20, 2003, deleted provisions following "workers' compensation administration" which related to the administrative attachment to the labor department.

No jurisdiction over claims between insurers. — The workers' compensation administration does not have jurisdiction over a controversy between workers' compensation insurers that has no effect on the rights of the worker. Jones v. Holiday Inn Express, 2014-NMCA-082.

Where worker sustained a back injury; thirteen days before the accident, the employer changed worker's compensation carriers from plaintiff to defendant; unaware of the change, the employer's manager gave notice to plaintiff of worker's claim for benefits; without researching whether the employer was insured through plaintiff, plaintiff accepted the claim and began paying benefits to worker; plaintiff also erred by miscalculating the amount of benefits which gave worker 700 weeks instead of 500 weeks of benefits; when plaintiff discovered the error, plaintiff filed a complaint with the workers' compensation administration requesting that the workers' compensation judge order defendant to pay future benefits to worker and to reimburse the benefits paid by plaintiff, the workers' compensation administration lacked jurisdiction over the controversy because the controversy did not involve or affect worker's claim for compensation. Jones v. Holiday Inn Express, 2014-NMCA-082.

Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).

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