Public-domain · open source
OpenJurist

§ 52-1-28 NMSA 1978

Compensable claims; proof

Known as the Workers' Compensation Act

The act spans §§ 52–52 (88 sections).

Applied in 1 court decision — leading case John Templemire v. W&M Welding, Inc. (2014)

Most recently applied in John Templemire v. W&M Welding, Inc. (April 2014)

1953 Comp., § 59-10-13.3, enacted by Laws 1959, ch. 67, § 7; 1987, ch. 235, § 13.

A. Claims for workers' compensation shall be allowed only:

(1) when the worker has sustained an accidental injury arising out of and in the course of his employment;

(2) when the accident was reasonably incident to his employment; and

(3) when the disability is a natural and direct result of the accident.

B. In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by expert testimony of a health care provider, as defined in Section 52-4-1 NMSA 1978, testifying within the area of his expertise.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.