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§ 52-5-1 NMSA 1978

Purpose

Known as the Workers' Compensation Administration Act

The act spans §§ 52–52 (27 sections).

Applied in 2 court decisions — leading case Maser v. L. & H. WELDING AND MACHINE CO. (2000)

Most recently applied in 10 F. Supp. 3d 1207 - Tapia v. City of Albuquerque (March 2014)

1978 Comp., § 52-5-1, enacted by Laws 1987, ch. 342, § 30; 1989, ch. 263, § 70; 1990 (2nd S.S.), ch. 2, § 53.

It is the intent of the legislature in creating the workers' compensation administration that the laws administered by it to provide a workers' benefit system be interpreted to assure the quick and efficient delivery of indemnity and medical benefits to injured and disabled workers at a reasonable cost to the employers who are subject to the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the New Mexico Occupational Disease Disablement Law [ 52-3-1 NMSA 1978]. It is the specific intent of the legislature that benefit claims cases be decided on their merits and that the common law rule of "liberal construction" based on the supposed "remedial" basis of workers' benefits legislation shall not apply in these cases. The workers' benefit system in New Mexico is based on a mutual renunciation of common law rights and defenses by employers and employees alike. Accordingly, the legislature declares that the Workers' Compensation Act and the New Mexico Occupational Disease Disablement Law are not remedial in any sense and are not to be given a broad liberal construction in favor of the claimant or employee on the one hand, nor are the rights and interests of the employer to be favored over those of the employee on the other hand.

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.