A. When an employer asks by written questionnaire for the disclosure of a worker’s medical condition, no compensation is payable from that employer for an injury to that worker under the provisions of the Workers’ Compensation Act [52-1-1 NMSA 1978] if:
(1) the worker knowingly and willfully concealed information or made a false representation of his medical condition;
(2) the employer:
(a) was not aware of the concealed information that, if known, would have been a substantial factor in the initial or continued employment of the worker; or
(b) relied upon the false representation, and this reliance was a substantial factor in the initial or continued employment of the worker; and
(3) a medical condition that was concealed or falsely represented substantially contributed to the injury or disability.
B. The provisions of this section do not apply unless, in the written questionnaire, the employer clearly and conspicuously discloses that the worker shall be entitled to no future compensation benefits if he knowingly and willfully conceals or makes a false representation about the information requested.
C. Nothing in this section shall be construed to deny or limit compensation benefits paid or being paid for prior injuries.
D. This section shall apply only prospectively. It shall not alter, as to prior reports, the law governing questionnaires and information reported that was in effect prior to the effective date of this section.
HISTORY:
Laws 1990 (2nd S.S.), ch. 2, § 31.
Notes to Decisions
Liability.
Because the work-related injury that the workers’ compensation claimant sustained exacerbated his pre-existing injury and caused a new injury that rendered him totally temporarily disabled, the facts that there was a pre-existing injury and that that injury was the cause of most of the claimant’s medical expenses and temporary total disability did not excuse the employer from its liability for the claimant’s benefits; the Workers’ Compensation Judge properly rejected the employer’s false application defense because 52-1-28.3B NMSA 1978, provided that the claimant’s false statements regarding his medical condition in his employment application did not bar awarding him benefits because the employer did not meet the requirement under 52-1-28.3A NMSA 1978 of clearly and conspicuously disclosing in the preemployment medical questionnaire that the claimant would not have been entitled to future workers’ compensation benefits if he knowingly and wilfully concealed or made false statements about the requested information. Pena v. Mines, 1995-NMCA-035, 119 N.M. 735, 895 P.2d 257, 1995 N.M. App. LEXIS 28 (N.M. Ct. App. 1995).