A. Compensation benefits shall be exempt from claims of creditors and from any attachment, garnishment or execution and shall be paid only to such worker or his personal representative or such other persons as the court may, under the terms hereof, appoint to receive or collect compensation benefits.
B. Notwithstanding the provisions of Subsection A of this section, compensation benefits being paid or owing to a worker shall be considered wages for the purpose of securing support for a minor dependent. No order may be entered against such benefits which results in the worker retaining less than one hundred dollars ($100) a week or an amount each week equal to forty times the federal minimum wage rate if legally required to support minor dependents other than those for whom the action is brought.
HISTORY:
Laws 1929, ch. 113, § 20; C.S. 1929, § 156-120; 1941 Comp., § 57-921; 1953 59-10-21; Laws 1983, ch. 78, § 1; 1984, ch. 95, § 1; 1989, ch. 263, § 31.
Notes to Decisions
Constitutionality.
Following the death of a father in a work-related accident, the trial court properly found that 52-1-52 NMSA 1978 precluded recovery of death benefits under the New Mexico Workmen’s Compensation Act for dependent children who were residents of the Republic of Mexico; 52-1-52 NMSA 1978 was not unconstitutional, because the New Mexico legislature conferred no due process property right upon the dependents that the trial court could have violated by dismissing their suit, and the dependents were beyond the protective reach of the equal protection clause because they were not citizens of the United States. Pedrazza v. Sid Fleming Contractor, 1980-NMSC-018, 94 N.M. 59, 607 P.2d 597, 1980 N.M. LEXIS 2656 (N.M. 1980).
Assignment.
Chiropractor had an enforceable right against an attorney for his failure to pay workers’ compensation claim proceeds to the chiropractor pursuant to an assignment agreement signed by the attorney and a worker. Section 52-1-52A NMSA 1978, exempting workers’ compensation benefits from claims of creditors, did not preclude the enforcement of an assignment in favor of a creditor. Romero v. Earl, 1991-NMSC-042, 111 N.M. 789, 810 P.2d 808, 1991 N.M. LEXIS 164 (N.M. 1991).
Eligibility.
Employer did not dispute that a worker was entitled to permanent partial disability benefits under the New Mexico Workers’ Compensation Act based on his physical impairment; nothing presented by the employer indicated that undocumented workers were precluded from receiving benefits under the Act even if federal law prohibited the workers’ employment. Gonzalez v. Performance Painting, Inc., 2011-NMCA-025, 150 N.M. 306, 258 P.3d 1098, 2011 N.M. App. LEXIS 6 (N.M. Ct. App. 2011), cert. denied, 150 N.M. 619, 264 P.3d 520, 2011 N.M. LEXIS 118 (N.M. 2011), rev'd, 2013-NMSC-021, 303 P.3d 802, 2013 N.M. LEXIS 171 (N.M. 2013).
No claim or judgment for compensation under the Workers’ Compensation Act (52-1-1 NMSA 1978) shall accrue to or be recovered by relatives or dependents not residents of the United States at the time of the injury of such workman. Gutierrez v. Kent Nowlin Constr. Co., 1981-NMCA-107, 99 N.M. 394, 658 P.2d 1121, 1981 N.M. App. LEXIS 822 (N.M. Ct. App. 1981), rev'd, 1982-NMSC-123, 99 N.M. 389, 658 P.2d 1116, 1982 N.M. LEXIS 3038 (N.M. 1982).
“Not a resident of the United States” as contemplated by 1929 Code, § 156-120 (now 52-1-52 NMSA 1978) did not apply to one domiciled in the United States, although living in another country, if in fact there was always the intention to return to the domicile and never an intention that such temporary residence ought to be a permanent abode. Gallup Am. Coal Co. v. Lira, 1935-NMSC-071, 39 N.M. 496, 50 P.2d 430, 1935 N.M. LEXIS 79 (N.M. 1935).
Exclusive remedy.
Deceased employee’s dependents, who resided outside of the United States at the time of the employee’s work-related accident, were barred from pursuing a wrongful death action against the employer due to the exclusive remedy provisions of the New Mexico Workmen’s Compensation Act, 52-1-1 through 52-1-69, 51-1-8C NMSA 1978, and 52-1-9 NMSA 1978; 52-1-52 NMSA 1978 fell within the exclusive remedy provisions of the Act. Kent Nowlin Constr. Co. v. Gutierrez, 1982-NMSC-123, 99 N.M. 389, 658 P.2d 1116, 1982 N.M. LEXIS 3038 (N.M. 1982).
Exemption.
Claims of medical providers are not excepted from the exemption provision under 52-1-52A NMSA 1978. Romero v. Earl, 1991-NMSC-042, 111 N.M. 789, 810 P.2d 808, 1991 N.M. LEXIS 164 (N.M. 1991).
Where the rights of the assignee to the settlement proceeds of the workers’ compensation claim otherwise had attached, the assignor could not defeat those rights by unilaterally canceling the assignment in reliance upon the exemption under 52-1-52A NMSA 1978; by its terms, the exemption applied only to “claims of creditors” and to “any attachment, garnishment or execution;” and not to assignments. Romero v. Earl, 1991-NMSC-042, 111 N.M. 789, 810 P.2d 808, 1991 N.M. LEXIS 164 (N.M. 1991).
By its terms, the exemption under 52-1-52A NMSA 1978, applies to “claims of creditors” and to “any attachment, garnishment or execution;” it does not address assignments. Romero v. Earl, 1991-NMSC-042, 111 N.M. 789, 810 P.2d 808, 1991 N.M. LEXIS 164 (N.M. 1991).
Section 52-1-52A NMSA 1978 exempts workers’ compensation benefits from claims of creditors, but does not preclude the enforcement of an assignment in favor of a creditor. Romero v. Earl, 1991-NMSC-042, 111 N.M. 789, 810 P.2d 808, 1991 N.M. LEXIS 164 (N.M. 1991).
Workers’ compensation.
Workers’ compensation benefits received by a debtor were exempt, pursuant to 52-1-52 NMSA 1978, from a creditor’s claims. In re Nolen, 65 B.R. 1014, 15 Bankr. Ct. Dec. (LRP) 387, 1986 Bankr. LEXIS 5071 (Bankr. D.N.M. 1986).
Illegitimate child of an employee killed prior to the child’s birth was not entitled to dependent benefits under 52-1-52 NMSA 1978 of the Workers’ Compensation Act because the child’s domicile was the domicile of the mother at the time of birth, which was in Mexico, and his domicile at birth related back to the time of the injury. Gomez v. Snyder Ranch, 1983-NMCA-146, 101 N.M. 44, 678 P.2d 219, 1983 N.M. App. LEXIS 818 (N.M. Ct. App. 1983).