2019 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 5 - Workers' Compensation Division
Section 52-5-4 - Authority to adopt rules, regulations and fee schedules.
A. The director is authorized to adopt reasonable rules and regulations, after notice and public hearing, for effecting the purposes of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978]. All rules and regulations shall be published upon adoption and be made available to the public and, if not inconsistent with law, shall be binding on the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law. All rules and regulations adopted shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
B. Such rules and regulations shall include provisions for procedures in the nature of conferences or other techniques to dispose of cases informally or to expedite claim adjudication, narrow issues and simplify the methods of proof at hearings.
C. The director shall promulgate and enforce schedules of reimbursement for such nonprofessional services as providing testimony and depositions, the production of records or the completion of medical capacity forms to health care providers as defined in Section 52-4-1 NMSA 1978 as he deems appropriate and necessary in the administration of the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law.
D. The director shall adopt rules for approval and establishment of controlled insurance plans, including performance standards compliance enforcement. In an advisory role only to participate in the rulemaking process, the director shall provide for the participation of:
(1) general contractors;
(2) subcontractors;
(3) organized labor;
(4) municipalities;
(5) counties; and
(6) business.
History: Laws 1986, ch. 22, § 30; 1989, ch. 263, § 73; 2003, ch. 263, § 3.
ANNOTATIONSThe 2003 amendment, effective June 20, 2003, deleted "Such rules and regulations shall include provisions for procedures in the nature of conferences or other techniques to dispose of cases informally or to expedite claim adjudication, narrow issues and simplify the methods of proof of hearings" following the first sentence in Subsection A; and added Subsection D.
Requirement that rules and regulations be definite and certain. — Rules and regulations adopted by the workers' compensation administration pursuant to this section should be definite and certain so the parties know what is expected of them. Rodriguez v. El Paso Elec. Co., 1992-NMCA-042, 113 N.M. 672, 831 P.2d 608.
Award of prejudgment interest allowed. — Section 56-8-4B NMSA 1978 (award of prejudgment interest) does not apply to decisions made pursuant to the Occupational Disease Disability Law. However, such interest is allowed under Workers' Compensation Division Rules, WCD 89-4(V)(A)(3) (now NMAC 11.4.4.13), promulgated under this section. Bryant v. Lear Siegler Mgmt. Servs. Corp., 1993-NMCA-052, 115 N.M. 502, 853 P.2d 753, cert. denied, 115 N.M. 535, 854 P.2d 362.
