No claim for compensation under the Workers’ Compensation Act [52-1-1 NMSA 1978], as it now provides or as it may hereafter be amended, shall be barred prior to the filing of such report or within thirty days thereafter, but this section does not shorten the time now provided for filing claims with the director.
HISTORY:
Laws 1937, ch. 92, § 15; 1941 Comp., § 57-928; 1953 59-10-28; Laws 1986, ch. 22, § 21; 1989, ch. 263, § 35.
Notes to Decisions
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 52-1-58 NMSA 1978 and this section. 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 52-1-58A NMSA 1978; therefore, the worker’s claim was not barred by the statute of limitations under this section. 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).
As there was no genuine factual issue of a latent injury, no issue under 52-1-36 NMSA 1978 and no issue under 52-1-59 NMSA 1978 in a workers’ compensation claimant’s case, the time period for filing a compensation claim was stated in 52-1-31 NMSA 1978. Lent v. Employment Sec. Comm'n, 1982-NMCA-147, 99 N.M. 407, 658 P.2d 1134, 1982 N.M. App. LEXIS 977 (N.M. Ct. App. 1982), cert. quashed, 99 N.M. 226, 656 P.2d 889, 1983 N.M. LEXIS 2254 (N.M. 1983).
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).
Where an employee suffered head injuries and appreciated the seriousness of his injuries as early as a few months after the work-related incident that caused them, but did not file a workmen’s compensation claim until two days before his death five years later, benefits claimed by his widow and his minor child were properly denied based on the limitations period in the Workers’ Compensation Act [52-1-1 NMSA 1978]; the provisions of 52-1-59 did not excuse the employee’s failure to file the claim required. Sanchez v. Bernalillo County, 1953-NMSC-038, 57 N.M. 217, 257 P.2d 909, 1953 N.M. LEXIS 972 (N.M. 1953).