COMMITTEE SUBSTITUTE FOR SENATE BILL 442

45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO THE PUBLIC PEACE, HEALTH AND SAFETY; PROVIDING FOR EXEMPTION OF CERTAIN NATIONAL GUARD MEMBERS FROM LIMITATION ON TIME FOR FILING A WORKERS' COMPENSATION CLAIM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 52-1-29 NMSA 1978 (being Laws 1959, Chapter 67, Section 8, as amended) is amended to read:

"52-l-29. NOTICE OF ACCIDENT TO EMPLOYER--EMPLOYER TO POST CLEAR NOTICE OF REQUIREMENT.--

A. Any worker claiming to be entitled to compensation from any employer shall give notice in writing to his employer of the accident, except as provided in Subsection B of this section, within fifteen days after the worker knew, or should have known, of its occurrence, unless, by reason of his injury or some other cause beyond his control, the worker is prevented from giving notice within that time, in which case he shall give notice as soon as may reasonably be done and at all events not later than sixty days after the occurrence of the accident. No written notice is required to be given where the employer or any superintendent or foreman or other agent in charge of the work in connection with which the accident occurred had actual knowledge of its occurrence.

B. A member of the national guard whose injury occurred while on state-ordered duty and who has received federal veterans' disability benefits as a result of his injury while on state-ordered duty in the national guard is not required to give notice to his employer as required by Subsection A of this section.

[B.] C. Each employer shall post, and keep posted in conspicuous places upon his premises where notices to employees and applicants for employment are customarily posted, a notice that advises workers of the requirement specified in Subsection A of this section to give the employer notice in writing of an accident within fifteen days of its occurrence. The notice shall be prepared or approved by the director. The failure of an employer to post the notice required in this subsection shall toll the time a worker has to give the notice in writing specified in Subsection A of this section up to but no longer than the maximum sixty-day period.

[C.] D. The notice required in Subsection [B] C of this section shall include as an attachment to it a preprinted form, which shall be approved by the director, that allows the worker to note and briefly describe [the] an accident and sign his name. The employer, any superintendent or foreman, or any agent of the employer in charge of the work where the accident occurred shall also sign the preprinted form that describes the accident. That signature shall not be a concession by the employer of any rights or defenses. It merely acknowledges receipt by the employer or his agent of the form signed by the worker. The preprinted form shall be prepared in duplicate so that both the worker and the employer can retain copies."

Section 2. Section 52-1-31 NMSA 1978 (being Laws 1959, Chapter 67, Section 10, as amended) is amended to read:

"52-1-31. CLAIM TO BE FILED FOR WORKERS' COMPENSATION--EFFECT OF FAILURE TO GIVE REQUIRED NOTICE OR TO FILE CLAIM WITHIN TIME ALLOWED.--

A. If an employer or his insurer fails or refuses to pay a worker any installment of compensation to which the worker is entitled under the Workers' Compensation Act, after notice has been given as required by Section 52-1-29 NMSA 1978, it is the duty of the worker insisting on the payment of compensation, except as provided in Subsection B of this section, to file a claim therefor as provided in the Workers' Compensation Act not later than one year after the failure or refusal of the employer or insurer to pay compensation. This one-year period of limitations shall be tolled during the time a worker remains employed by the employer by whom he was employed at the time of such accidental injury, not to exceed a period of one year. If the worker fails to give notice in the manner and within the time required by Section 52-1-29 NMSA 1978 or if the worker fails to file a claim for compensation within the time required by this section, his claim for compensation, all his right to the recovery of compensation and the bringing of any proceeding for the recovery of compensation are forever barred.

B. A member of the national guard whose injury occurred while on state-ordered duty and who has received federal veterans' disability benefits as a result of his injury while on state-ordered duty in the national guard is not subject to the one-year period of limitation on filing a claim required by Subsection A of this section.

[B.] C. In case of the death of a worker who would have been entitled to receive compensation if death had not occurred, claim for compensation may be filed on behalf of his eligible dependents to recover compensation from the employer or his insurer. Payment may be received or claim filed by any person whom the director or the court may authorize or permit on behalf of the eligible beneficiaries. No claim shall be filed, however, to recover compensation benefits for the death of the worker unless he or someone on his behalf or on behalf of his eligible dependents has given notice in the manner and within the time required by Section 52-1-29 NMSA 1978 and unless the claim is filed within one year from the date of the worker's death."