2021 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 1 - Workers' Compensation
Section 52-1-40 - Waiting period.

No compensation benefits shall be allowed under the provisions of the Workers' Compensation Act for any accidental injury which does not result in the workers' death or in a disability which lasts for more than seven days; provided, however, if the period of the workers' disability lasts for more than four weeks from the date of his accidental injury, compensation benefits shall be allowed from the date of disability.

History: 1953 Comp., § 59-10-18.1, enacted by Laws 1959, ch. 67, § 19; 1989, ch. 263, § 22.

Limitation begins to run where injury reasonably apparent. — Where, following blows to head, workman (worker) suffered convulsions, was hospitalized, had recurrent headaches, suffered loss of memory and was assigned a helper for the first time at work, injury, for the purpose of workman's (worker's) compensation, had become reasonably apparent, or should have become reasonably apparent, and statute of limitations began to run. Bowers v. Wayne Lovelady Dodge, Inc., 1969-NMCA-065, 80 N.M. 475, 457 P.2d 994.

As soon as it becomes reasonably apparent, or should become reasonably apparent to a workman (worker) that he has an injury on account of which he is entitled to compensation and the employer fails or refuses to make payment he has a right to file a claim and the statute begins to run from that date. Bowers v. Wayne Lovelady Dodge, 1969-NMCA-065, Inc., 80 N.M. 475, 457 P.2d 994.

The limitation statute does not provide that a workman (worker) lose seven consecutive days of work before the limitation period begins to run. Bowers v. Wayne Lovelady Dodge, Inc., 1969-NMCA-065, 80 N.M. 475, 457 P.2d 994.

First week's compensation provisional. — The first week's compensation is payable solely in the event the disability, if temporary only, is of more than four weeks duration, is permanent or results in death. Liability for this first week's compensation is, at best, then, only provisional. Fresquez v. Farnsworth & Chambers Co., 1955-NMSC-112, 60 N.M. 384, 291 P.2d 1102 (decided under former law).

Award of one day's benefits is not contemplated by the Workmen's (Workers') Compensation Act. Grudzina v. N.M. Youth Diagnostic & Dev. Ctr., 1986-NMCA-047, 104 N.M. 576, 725 P.2d 255.

While payments being made, no right to sue arises. — So long as the 16-day periodic installments are being paid, even though the contingent and suspensory first week's installment be unpaid, no refusal or failure to pay entitling the claimant to sue arises. Fresquez v. Farnsworth & Chambers Co., 1955-NMSC-112, 60 N.M. 384, 291 P.2d 1102 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 433.