A. It is the duty of every employer of labor in this state subject to the provisions of the Workers’ Compensation Act [52-1-1 NMSA 1978] or the employer’s workers’ compensation insurance carrier to make a written report to the director of all accidental injuries or occupational diseases that occur to any of his employees during the course of their employment and that result in lost time of an employee of more than seven days. A copy of the report shall be sent by the employer to the worker. Such reports shall be made within ten days after such accidental injury or ten days after notification to the employer of employee disability, upon forms approved by the director and shall contain such information concerning the accident or injury as may be required by the director.
B. Upon request of the director, it is also the duty of every workers’ compensation self-insurer and insurance carrier to file with the director closing reports upon the closing of a claim on forms approved by the director. Annual reports will be required on a form approved by the director.
HISTORY:
Laws 1937, ch. 92, § 14; 1941 Comp., § 57-927; 1953 59-10-27; Laws 1986, ch. 22, § 20; 1987, ch. 235, § 27; 1989, ch. 263, § 34; 1990 (2nd S.S.), ch. 2, § 24.
Notes to Decisions
Filing.
Former § 57-928, 1941 Comp. (now 53-1-58 NMSA 1978) did not toll the limitation of actions bar where the employee did not file a workers’ compensation claim until just before his death five years later, and the employer had no reason to believe a compensable injury had occurred; former § 57-928, 1941 Comp. did not relieve the obligation to file. Sanchez v. Bernalillo County, 1953-NMSC-038, 57 N.M. 217, 257 P.2d 909, 1953 N.M. LEXIS 972 (N.M. 1953).
Time limitations.
Widow’s workers’ compensation complaint was not timely filed and was barred by the statute of limitations in 52-1-31B NMSA 1978; the limitations period began to run at the time of the worker’s death in a case involving an alleged work-related death and a worker had one year from the date of injury/death to file a claim unless the employer failed to file the written accident report pursuant to this section and 52-1-59 NMSA 1978. Schultz v. Pojoaque Tribal Police Dep't, 2012-NMCA-015, 269 P.3d 14, 2011 N.M. App. LEXIS 133 (N.M. Ct. App. 2011), rev'd, 2013-NMSC-013, 2013 N.M. LEXIS 113 (N.M. 2013).
Neither employer nor insurer timely filed a report required by this section; therefore, the worker’s claim was not barred by the statute of limitations under 52-1-59 NMSA 1978. Nelson v. Homier Distrib. Co., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690, 2009 N.M. App. LEXIS 213 (N.M. Ct. App. 2009).
Claimant’s action to recover for his compensable gradual, noise-induced hearing loss was timely filed where his employer had adequate notice because the claimant told his supervisor at the time that he was fitted for hearing aids that his hearing loss was work-related, but the employer did not file a report; the failure to file the required report of the accident tolled the statute of limitations under 52-1-31A NMSA 1978. Cisneros v. Molycorp, Inc., 1988-NMCA-080, 107 N.M. 788, 765 P.2d 761, 1988 N.M. App. LEXIS 101 (N.M. Ct. App.), cert. denied, 107 N.M. 785, 765 P.2d 758, 1988 N.M. LEXIS 289 (N.M. 1988).
Workers’ compensation.
Claim for workers’ compensation benefits that was filed nearly two years after the decedent’s death was not time-barred under 52-1-31B NMSA 1978; because the employer had actual notice of the decedent’s injury yet failed to file a written report as required under 52-1-58 NMSA 1978, the statute of limitations was tolled. Herman v. Miners' Hosp., 1991-NMSC-021, 111 N.M. 550, 807 P.2d 734, 1991 N.M. LEXIS 108 (N.M. 1991).
Former 59-10-27, 1953 Comp. (now 52-1-58 NMSA 1978) obligated the employers to file an accident report with the labor commissioner because they had notice of the compensable injury, and because they did not file a report, former 59-10-28, 1953 Comp. (now 52-1-59 NMSA 1978) extended the period in which the claimant for workmen’s compensation could bring his claim under former 59-10-13, 1953 Comp. Anaya v. Santa Fe, 1969-NMSC-025, 80 N.M. 54, 451 P.2d 303, 1969 N.M. LEXIS 1586 (N.M. 1969).
OPINIONS OF ATTORNEY GENERAL
Authority to release workers’ compensation case information.
As to what information may be released to the public from worker’s compensation division files on particular workers’ compensation cases. 1988 N.M. Op. Att'y Gen. No. 88-16, 1988 N.M. AG LEXIS 17.
Research References and Practice Aids
Cross references.
Ombudsman program, 52-5-1.4 NMSA 1978.
Accident and payment reports; penalties, 52-5-22 NMSA 1978.