For purposes of the Workers’ Compensation Act [52-1-1 NMSA 1978], where any employer procures any work to be done wholly or in part for him by a contractor where the work so procured to be done is casual employment as to such employer, then such contractor shall become the employer.
HISTORY:
1953 59-10-12.16, enacted by Laws 1965, ch. 295, § 16; 1989, ch. 263, § 17.
Notes to Decisions
Contracts.
Under 52-1-23 NMSA 1978, when work procured when one employer contracts with another employer or with an employee is casual employment as to the contractor’s employer, the contractor becomes the employer; however, under 52-1-22 NMSA 1978, if the work so procured is a part or process in the trade or business of the employer, and the contractor involved is not an independent contractor then the employer is treated as the employer under the Act, regardless of whether the work so procured is casual. Harger v. Structural Servs., 1996-NMSC-018, 121 N.M. 657, 916 P.2d 1324, 1996 N.M. LEXIS 153 (N.M. 1996).