A. Every employer not domiciled in the state who employs workers engaged in activities required to be licensed under the Construction Industries Licensing Act [Chapter 6, Article 13 NMSA 1978] and every other employer not domiciled in the state who employs three or more workers within the state, whether that employment is permanent, temporary or transitory and whether the workers are residents or nonresidents of the state, shall comply with the provisions of Section 52-1-4 NMSA 1978 and, unless self-insured, shall obtain a workers’ compensation insurance policy, or an endorsement to an existing policy, issued in accordance with the provisions of Section 59A-17-10.1 NMSA 1978. An employer who does not comply with the foregoing requirement shall be enjoined from doing business in the state pursuant to Section 52-1-62 NMSA 1978 and shall be barred from recovery by legal action for labor or materials furnished during any period of time in which he was not in compliance with the requirements of this section, and, if the noncomplying employment is in an activity for which the employer is licensed under the provisions of the Construction Industries Licensing Act, the employer’s license is subject to revocation or suspension for the violation.
B. The construction industries division of the regulation and licensing department shall promulgate rules and regulations to insure compliance with Subsection A of this section.
HISTORY:
1978 52-1-66, enacted by Laws 1988, ch. 119, § 1; 1990 (2nd S.S.), ch. 2, § 27; 2003, ch. 259, § 6.
Notes to Decisions
Number of workers.
Mere fact that under 52-1-66A NMSA 1978, an employer with fewer than three employees within the state was exempt from the administrative provisions of 52-1-4A NMSA 1978 did not mean that it was not subject to the New Mexico workers’ compensation act for injury to a worker in New Mexico. Hammonds v. Freymiller Trucking, 1993-NMCA-030, 115 N.M. 364, 851 P.2d 486, 1993 N.M. App. LEXIS 21 (N.M. Ct. App. 1993).
Employer that employed only one employee in the state of New Mexico, but more than three workers in total, was subject to the New Mexico Workers’ Compensation Act for injuries to a truck driver who lived and was injured in New Mexico. Hammonds v. Freymiller Trucking, 1993-NMCA-030, 115 N.M. 364, 851 P.2d 486, 1993 N.M. App. LEXIS 21 (N.M. Ct. App. 1993).
Transitory employee.
The Oklahoma truck driver was entitled to workmen’s compensation after sustaining an injury within New Mexico because 52-1-66 NMSA 1978 did not expressly provide that benefits were to be paid a transitory employee injured in state but that the statute, however, contemplated that state benefits were to be paid and that benefits from another state did not control the permissible recovery within the state. Burns v. Transcon Lines, 1979-NMCA-030, 92 N.M. 791, 595 P.2d 761, 1979 N.M. App. LEXIS 825 (N.M. Ct. App.), cert. denied, 92 N.M. 675, 593 P.2d 1078, 1979 N.M. LEXIS 1374 (N.M. 1979).