0001| SENATE BILL 887
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DON KIDD
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LABOR; DEFINING EMPLOYER, WORKER AND EMPLOYEE FOR
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0012| THE PURPOSES OF THE WORKERS' COMPENSATION ACT AND THE NEW
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0013| MEXICO OCCUPATIONAL DISEASE DISABLEMENT LAW; CHANGING
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0014| DISABILITY AND DEATH PROVISIONS; ELIMINATING A FILING FEE;
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0015| AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 52-1-15 NMSA 1978 (being Laws 1965,
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0019| Chapter 295, Section 8, as amended) is amended to read:
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0020| "52-1-15. EMPLOYER.--As used in the Workers' Compensation
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0021| Act, unless the context otherwise requires, "employer" includes
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0022| any person or body of persons, corporate or incorporate, and
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0023| the legal representative of a deceased employer or the receiver
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0024| or trustee of a person, corporation, association or partnership
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0025| engaged in or carrying on for the purpose of business or trade,
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0001| charitable organizations, except as provided in Section 52-1-6
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0002| NMSA 1978, and also includes the state and each county,
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0003| municipality, school district, drainage, irrigation or
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0004| conservancy district and public institution and administrative
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0005| board thereof employing workers under the terms of the Workers'
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0006| Compensation Act. As used in Subsection E of Section 52-1-6
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0007| and Sections 52-1-8 and 52-1-9 NMSA 1978, "employer" includes a
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0008| contractor covered by Section 52-1-22 NMSA 1978, whether or not
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0009| the subcontractor has, in fact, secured the payment of
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0010| compensation and whether or not the subcontractor is an
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0011| independent contractor."
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0012| Section 2. Section 52-1-16 NMSA 1978 (being Laws 1965,
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0013| Chapter 295, Section 9, as amended) is amended to read:
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0014| "52-1-16. WORKER--REAL ESTATE SALESPERSON EXCEPTED.--
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0015| A. As used in the Workers' Compensation Act, unless
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0016| the context otherwise requires, "worker" means any person who
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0017| has entered into the employment of or works under contract of
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0018| service or apprenticeship with an employer [except a person
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whose employment is purely casual and not for the purpose of
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the employer's trade or business]. The term "worker" shall
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0021| include "employee" and shall include the singular and plural of
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0022| both sexes. "Worker" includes public employee, as defined in
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0023| the Workers' Compensation Act, including salaried public
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0024| officers.
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0025| B. For the purposes of the Workers' Compensation
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0001| Act, an individual who performs services as a qualified real
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0002| estate salesperson shall not be treated as an employee and the
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0003| person for whom the services are performed shall not be treated
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0004| as an employer.
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0005| C. For the purpose of Subsection B of this section,
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0006| a "qualified real estate salesperson" means an individual who:
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0007| (1) is a licensed real estate salesperson,
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0008| associate broker or broker under contract with a real estate
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0009| firm;
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0010| (2) receives substantially all of his
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0011| remuneration, whether or not paid in cash, for the services
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0012| performed as a real estate salesperson, associate broker or
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0013| broker under contract with a real estate firm in direct
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0014| relation to sales or other output, including the performance of
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0015| services, rather than to the number of hours worked; and
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0016| (3) performs services pursuant to a written
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0017| contract between himself and the person for whom the services
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0018| are performed, and the contract provides that the individual
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0019| will not be treated as an employee with respect to such
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0020| services."
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0021| Section 3. Section 52-1-22 NMSA 1978 (being Laws 1965,
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0022| Chapter 295, Section 15, as amended) is repealed and a new
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0023| Section 52-1-22 NMSA 1978 is enacted to read:
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0024| "52-1-22. [NEW MATERIAL] WORK SUBCONTRACTED.--A
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0025| contractor who subcontracts all or any part of a contract and
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0001| the contractor's insurer shall be liable for the payment of the
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0002| compensation to employees of the subcontractor unless the
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0003| subcontractor primarily liable for the payment of such
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0004| compensation has secured the payment of compensation as
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0005| provided for in the Workers' Compensation Act. A contractor or
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0006| the contractor's insurer who shall become liable for such
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0007| compensation may recover the amount of such compensation paid
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0008| and necessary expenses from the subcontractor who is primarily
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0009| liable for them."
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0010| Section 4. Section 52-1-25.1 NMSA 1978 (being Laws 1990
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0011| (2nd S.S.), Chapter 2, Section 10) is amended to read:
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0012| "52-l-25.l. TEMPORARY TOTAL DISABILITY--RETURN TO WORK.--
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0013| A. As used in the Workers' Compensation Act,
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0014| "temporary total disability" means the inability of [the] a
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0015| worker, by reason of accidental injury arising out of and in
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0016| the course of his employment, to perform his duties prior to
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0017| the date of his maximum medical improvement.
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0018| B. If, prior to the date of maximum medical
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0019| improvement, an injured worker's health care provider releases
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0020| the worker to return to work and the employer offers work at
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0021| the worker's pre-injury wage, the worker is not entitled to
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0022| temporary total disability benefits.
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0023| C. If, prior to the date of maximum medical
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0024| improvement, an injured worker's health care provider releases
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0025| the worker to return to work and the employer offers work at
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0001| less than the worker's pre-injury wage, the worker is disabled
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0002| and shall receive temporary total disability compensation
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0003| benefits equal to [sixty-six and] two-thirds [percent] of
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0004| the difference between the worker's pre-injury wage and his
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0005| post-injury wage.
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0006| D. If after the date of maximum medical
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0007| improvement the employer does not offer any work to the injured
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0008| worker within his impairment limitations, that worker shall
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0009| remain eligible to receive temporary total disability benefits
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0010| for a period not to exceed thirteen weeks.
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0011| [D.] E. If the worker returns to work pursuant
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0012| to the provisions of Subsection B of this section, the employer
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0013| shall continue to provide reasonable and necessary medical care
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0014| pursuant to Section 52-l-49 NMSA l978."
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0015| Section 5. Section 52-1-41 NMSA 1978 (being Laws 1959,
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0016| Chapter 67, Section 20, as amended) is amended to read:
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0017| "52-l-41. COMPENSATION BENEFITS--TOTAL DISABILITY.--
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0018| A. For total disability, the worker shall receive,
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0019| during the period of that disability, sixty-six and two-thirds
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0020| percent of his average weekly wage, not to exceed a maximum
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0021| compensation of ninety dollars ($90.00) a week, effective July
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0022| l, 1975; and not to exceed a maximum compensation of sixty-six
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0023| and two-thirds percent of the average weekly wage in the state,
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0024| a week, effective January l, 1976; and not to exceed a maximum
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0025| compensation of seventy-eight percent of the average weekly
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0001| wage in the state, a week, effective July l, 1976; and not to
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0002| exceed a maximum compensation of eighty-nine percent of the
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0003| average weekly wage in the state, a week, effective July l,
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0004| 1977; and not to exceed a maximum compensation of one hundred
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0005| percent of the average weekly wage in the state, a week,
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0006| effective July l, 1978; and not to exceed a maximum
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0007| compensation of [eighty-five] one hundred percent of the
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0008| average weekly wage in the state, a week, effective [July l,
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1987] January 1, 1998; and to be not less than a minimum
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0010| compensation of thirty-six dollars ($36.00) a week. Except as
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0011| provided in Subsections B and C of this section, the worker
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0012| shall receive compensation benefits for the remainder of his
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0013| life.
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0014| B. For disability resulting from primary mental
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0015| impairment, the maximum period of compensation is one hundred
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0016| weeks. For disability resulting in secondary mental
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0017| impairment, the maximum period of compensation is the maximum
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0018| period allowable for the disability produced by the physical
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0019| impairment or one hundred weeks, whichever is greater.
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0020| C. For the purpose of paying compensation benefits
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0021| for death, pursuant to Section 52-l-46 NMSA 1978, the worker's
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0022| maximum disability recovery shall be deemed to be seven hundred
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0023| weeks.
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0024| D. Where the worker's average weekly wage is less
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0025| than thirty-six dollars ($36.00) a week, the compensation to be
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0001| paid the worker shall be his full weekly wage.
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0002| E. For the purpose of the Workers' Compensation
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0003| Act, the average weekly wage in the state shall be determined
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0004| by the employment security division of the labor department on
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0005| or before June 30 of each year [and]. The average weekly
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0006| wage shall be computed from all wages reported to the
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0007| employment security division from employing units, including
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0008| reimbursable employers, in accordance with the regulations of
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0009| the division for the preceding calendar year, divided by the
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0010| total number of covered employees divided by fifty-two.
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0011| F. The average weekly wage in the state, determined
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0012| as provided in Subsection E of this section, shall be
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0013| applicable for the full period during which compensation is
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0014| payable when the date of the occurrence of an accidental injury
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0015| falls within the calendar year commencing January l following
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0016| the June 30 determination.
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0017| G. Unless the computation provided for in
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0018| Subsection E of this section results in an increase or decrease
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0019| of two dollars ($2.00) or more, raised to the next whole
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0020| dollar, the statewide average weekly wage determination shall
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0021| not be changed for any calendar year."
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0022| Section 6. Section 52-1-46 NMSA 1978 (being Laws 1959,
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0023| Chapter 67, Section 25, as amended) is amended to read:
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0024| "52-1-46. COMPENSATION BENEFITS FOR DEATH.--Subject to
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0025| the limitation of compensation payable under Subsection G of
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0001| this section, if an accidental injury sustained by a worker
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0002| proximately results in his death within the period of two years
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0003| following his accidental injury, compensation shall be paid in
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0004| the amount and to the persons entitled thereto as follows:
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0005| A. if there are no eligible dependents, except as
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0006| provided in Subsection C of Section 52-l-l0 NMSA 1978 of the
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0007| Workers' Compensation Act, the compensation shall be limited to
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0008| the funeral expenses, not to exceed [three thousand dollars
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($3,000)] five thousand dollars ($5,000), and the expenses
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0010| provided for medical and hospital services for the deceased,
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0011| together with all other sums [which] that the deceased
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0012| should have been paid for compensation benefits up to the time
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0013| of his death;
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0014| B. if there are eligible dependents at the time of
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0015| the worker's death, payment shall consist of a sum not to ex-
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0016|
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0017| ceed [three thousand dollars ($3,000)] five thousand dollars
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0018| ($5,000) for funeral expenses and expenses provided for
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0019| medical and hospital services for the deceased, together with
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0020| such other sums as the deceased should have been paid for com-
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0021|
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0022| pensation benefits up to the time of his death and compensation
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0023| benefits to the eligible dependents as hereinafter specified,
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0024| subject to the limitations on maximum periods of recovery
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0025| provided in Sections 52-1-41 through 52-1-43 and 52-1-47 NMSA
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0001| 1978;
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0002| C. if there are eligible dependents entitled
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0003| thereto, compensation shall be paid to the dependents or to the
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0004| person authorized by the director or appointed by the court to
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0005| receive the same for the benefit of the dependents in such
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0006| portions and amounts, to be computed and distributed as
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0007| follows:
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0008| (1) to the child or children, if there is no
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0009| widow or widower entitled to compensation, sixty-six and two-
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0010| thirds percent of the average weekly wage of the deceased;
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0011| (2) to the widow or widower, if there are no
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0012| children, sixty-six and two-thirds percent of the average
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0013| weekly wage of the deceased, until remarriage; or
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0014| (3) to the widow or widower, if there is a
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0015| child or children living with the widow or widower, forty-five
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0016| percent of the average weekly wage of the deceased, or forty
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0017| percent if such child is not or all such children are not
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0018| living with a widow or widower and, in addition thereto,
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0019| compensation benefits for the child or children [which]
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0020| that shall make the total benefits for the widow or widower
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0021| and child or children sixty-six and two-thirds percent of the
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0022| average weekly wage of the deceased. When there are two or
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0023| more children, the compensation benefits payable on account of
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0024| such children shall be divided among such children, share and
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0025| share alike; and
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0001| (4) two years' compensation benefits in one
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0002| lump sum shall be payable to a widow or widower upon
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0003| remarriage; however, the total benefits shall not exceed the
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0004| maximum compensation benefit as provided in Subsection B of
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0005| this section;
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0006| D. if there is neither widow, widower nor children,
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0007| compensation may be paid to the father and mother or the
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0008| survivor of them, if dependent to any extent upon the worker
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0009| for support at the time of the worker's death, twenty-five per-
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0010|
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0011| cent of the average weekly wage of the deceased, and in no
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0012| event shall the maximum compensation to such dependents exceed
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0013| the amounts contributed by the deceased worker for their care;
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0014| provided that if the father and mother or the survivor of them
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0015| was totally dependent upon such worker for support at the time
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0016| of the worker's death, he or they shall be entitled to fifty
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0017| percent of the average weekly wage of the deceased;
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0018| E. if there is neither widow, widower nor children
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0019| nor dependent parent, then to the brothers and sisters and
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0020| grandchildren if actually dependent to any extent upon the
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0021| deceased worker for support at the time of the worker's death,
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0022| thirty-five percent of the average weekly wage of the deceased
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0023| worker with fifteen percent additional for brothers and sisters
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0024| and grandchildren in excess of two, with a maximum of sixty-six
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0025| and two-thirds percent of the average weekly wage of the
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0001| deceased, and in no event shall the maximum compensation to
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0002| partial dependents exceed the respective amounts contributed by
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0003| the deceased worker for their care;
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0004| F. in the event of the death or remarriage of the
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0005| widow or widower entitled to compensation benefits as provided
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0006| in this section, the surviving children shall then be entitled
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0007| to compensation benefits computed and paid as provided in
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0008| Paragraph (1) of Subsection C of this section for the remainder
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0009| of the compensable period. In the event compensation benefits
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0010| payable to children as provided in this section are terminated
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0011| as provided in Subsection E of Section 52-l-l7 NMSA l978, a
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0012| surviving widow or widower shall then be entitled to
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0013| compensation benefits computed and paid as provided in
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0014| Paragraphs (2) and (4) of Subsection C of this section for the
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0015| remainder of the compensable period; and
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0016| G. no compensation benefits payable by reason of a
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0017| worker's death shall exceed the maximum weekly compensation
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0018| benefits as provided in Sections 52-1-41 through 52-1-43 and
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0019| 52-1-47 NMSA l978, and no dependent or any class thereof, other
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0020| than a widow, widower or children, shall in any event be paid
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0021| total benefits in excess of seven thousand five hundred dollars
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0022| ($7,500) exclusive of funeral expenses and the expenses pro-
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0023|
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0024| vided for medical and hospital services for the deceased paid
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0025| for by the employer."
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0001| Section 7. Section 52-3-3 NMSA 1978 (being Laws 1945,
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0002| Chapter 135, Section 3, as amended) is amended to read:
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0003| "52-3-3. DEFINITIONS--EMPLOYEE [AND LESSEE IN MINES] -
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0004|
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0005| MINING PROPERTY LESSEES.--The term "employee" or "worker" as
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0006| used in the New Mexico Occupational Disease Disablement Law
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0007| means:
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0008| A. every person in the service of the state [and]
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0009| or of a county, municipality or school district, including
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0010| the regular members of lawfully constituted police and fire
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0011| departments of municipalities;
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0012| B. every person in the service of any employer
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0013| subject to the New Mexico Occupational Disease Disablement Law,
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0014| including aliens and minors legally or illegally permitted to
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0015| work for hire but [not including a person whose employment is
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casual and is not in the usual course of the trade, business or
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occupation of the employer and] not including ranching or
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0018| agricultural workers and domestic servants of employers exempt
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0019| under Section 52-3-2 NMSA l978 unless the employer shall so
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0020| elect; and
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0021| C. lessees of mining property and their employees
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0022| who are engaged in the performance of work that is a part of
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0023| the business conducted by the lessor and over whose work the
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0024| lessor retains supervision or control are, within the meaning
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0025| of this section, employees of [such] that lessor."
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0001| Section 8. Section 52-3-4 NMSA 1978 (being Laws 1987,
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0002| Chapter 235, Section 31, as amended) is amended to read:
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0003| "52-3-4. DEFINITIONS.--As used in the New Mexico
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0004| Occupational Disease Disablement Law:
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0005| A. "award" means the final compensation order made
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0006| by the workers' compensation judge pursuant to Section 52-5-7
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0007| NMSA 1978;
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0008| B. "compensation" means the payments and benefits
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0009| provided for in the New Mexico Occupational Disease Disablement
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0010| Law;
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0011| C. "compensation order" means a compensation order
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0012| of the workers' compensation division issued by a workers'
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0013| compensation judge pursuant to Section 52-5-7 NMSA 1978;
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0014| [and]
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0015| D. "disablement" means:
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0016| (1) the total physical incapacity, by reason
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0017| of an occupational disease, of an employee to perform any work
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0018| for remuneration or profit in the pursuit in which the employee
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0019| was engaged; provided that silicosis, when complicated by
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0020| active tuberculosis of the lungs, shall be presumed to result
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0021| in disablement; or
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0022| (2) the partial physical incapacity of an
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0023| employee, by reason of an occupational disease, to perform to
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0024| some percentage extent any work for which he is fitted by age,
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0025| education and training; and
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0001| E. as used in Subsection D of Section 52-3-5 and
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0002| Sections 52-3-7 and 52-3-8 NMSA 1978, "employer" shall include
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0003| a contractor covered by Section 52-1-22 NMSA 1978, whether or
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0004| not the subcontractor has, in fact, secured the payment of
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0005| compensation and whether or not the subcontractor is an
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0006| independent contractor."
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0007| Section 9. REPEAL.--Sections 52-1-4.1 and 52-1-23 NMSA
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0008| 1978 (being Laws 1979, Chapter 368, Section 2 and Laws 1965,
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0009| Chapter 295, Section 16, as amended) are repealed.
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997 SB 887/a
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0013|
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0014|
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0015| February 28, 1997
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0016|
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0017| Mr. President:
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0018|
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0019| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0020| referred
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0021|
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0022| SENATE BILL 887
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0023|
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0024| has had it under consideration and reports same with
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0025| recommendation that it DO PASS, amended as follows:
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0001|
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0002| 1. On page 6, line 5, strike the brackets and line through
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0003| "eighty-five".
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0004|
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0005| 2. On page 6, line 6, strike the underscored "one hundred".
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0006|
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0007| 3. On page 6, line 7, strike the brackets and line through
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0008| "July 1, 1987" and after "1987" insert "; and not to exceed a
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0009| maximum compensation of one hundred percent of the average weekly
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0010| wage in the state, a week, effective".
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0011|
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0012| 4. On page 13, between lines 20 and 21, insert the
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0013| following new section:
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0014|
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0015| "Section 9. Section 52-3-14 NMSA 1978 (being Laws 1945,
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0016| Chapter 135, Section 14, as amended) is amended to read:
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0017|
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0018| "52-3-14. COMPENSATION--LIMITATIONS.--
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0019|
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0020| A. The compensation to which an employee who has
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0021| suffered disablement, or his dependents, shall be entitled under
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0022| the New Mexico Occupational Disease Disablement Law is limited to
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0023| the provisions of that law. No compensation shall be due or
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0024| payable under the New Mexico Occupational Disease Disablement Law
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0025| for any disablement [which] that does not result in either
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0001| the temporary disablement of the employee lasting for more than
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0002| seven days or in his permanent disablement as herein described or
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0003| in death; provided, however, that if the period of temporary
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0004| disablement of the employee lasts for more than four weeks from
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0005| the date of the disablement, compensation under the New Mexico
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0006| Occupational Disease Disablement Law shall be payable in addition
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0007| to the amount hereinafter stated in a like amount for the first
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0008| seven days after the date of disablement. But for any such
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0009| disablement for which compensation is payable under the New
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0010| Mexico Occupational Disease Disablement Law, the employer shall
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0011| in all proper cases, as herein provided, pay to the disabled
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0012| employee or to some person authorized by the director to receive
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0013| the same, for the use and benefit of the beneficiaries entitled
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0014| thereto, compensation at regular intervals of no more than
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0015| sixteen days apart, in accordance with the following, less proper
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0016| deductions on account of default in failure to give notice of
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0017| such disablement as required in Section 52-3-19 NMSA 1978.
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0018|
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0019| B. For total disablement, the employee shall receive
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0020| sixty-
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0021| six and two-thirds percent of his average weekly wage, not to
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0022| exceed a maximum compensation of:
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0023|
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0024| (1) ninety dollars ($90.00) a week, effective July
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0025| 1, 1975;
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0001|
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0002| (2) sixty-six and two-thirds percent of the
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0003| average weekly wage in the state, a week, effective January 1,
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0004| 1976;
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0005|
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0006| (3) seventy-eight percent of the average weekly
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0007| wage in the state, a week, effective July 1, 1976;
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0008|
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0009| (4) eighty-nine percent of the average weekly wage
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0010| in the state, a week, effective July 1, 1977;
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0011|
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0012| (5) one hundred percent of the average weekly wage
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0013| in the state, a week, effective July 1, 1978;
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0014|
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0015| (6) eighty-five percent of the average weekly wage
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0016| in the state, a week, effective July 1, 1987; and
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0017|
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0018| (7) one hundred percent of the average weekly
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0019| wage in the state, a week, effective January 1, 1998;
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0020|
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0021| or to be less than a minimum compensation of thirty-six dollars
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0022| ($36.00) a week, during the period of such disablement, but in no
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0023| event to exceed a period of seven hundred weeks; provided,
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0024| however, that where his wages are less than thirty-six dollars
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0025| ($36.00) a week, then the compensation to be paid such employee
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0001| shall be the full amount of such weekly wages; provided further
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0002| that the benefits paid or payable during a employee's entire
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0003| period of disablement shall be based on and limited to the
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0004| benefits in effect on the date of the occurrence of the
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0005| disablement.
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0006|
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0007|
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0008| C. For partial disablement, the benefits shall be a
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0009| percentage of the benefits payable for total disablement
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0010| calculated under Subsection B of this section as that percentage
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0011| is determined pursuant to the provisions of Section 52-3-4 NMSA
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0012| 1978. In no event shall the duration of benefits extend longer
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0013| than five hundred weeks.
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0014|
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0015| D. For the purpose of the New Mexico Occupational
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0016| Disease Disablement Law, the average weekly wage in the state
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0017| shall be determined by the employment security division of the
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0018| labor department on or before June 30 of each year and shall be
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0019| computed from all wages reported to the employment security
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0020| division from employing units, including reimbursable employers,
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0021| in accordance with the regulations of the employment security
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0022| division for the preceding calendar year, divided by the total
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0023| number of covered employees divided by fifty-two. The first such
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0024| determination by the employment security division of the average
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0025| weekly wage in the state shall be made on or before June 30, 1975
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0001| from reported wages and covered employees for the calendar year
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0002| ending December 31, 1974.
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0003|
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0004| E. The average weekly wage in the state, determined as
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0005| provided in Subsection D of this section, shall be applicable for
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0006| the full period during which compensation is payable when the
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0007| date of the occurrence of the disablement falls within the
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0008| calendar year commencing January 1 following the June 30
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0009| determination.
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0010|
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0011| F. Unless the computation provided for in Subsection D
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0012| of this section results in an increase or decrease of two dollars
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0013| ($2.00) or more, raised to the next whole dollar, the statewide
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0014| average weekly wage determination shall not be changed for any
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0015| calendar year.
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0016|
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0017| G. In case death proximately results from the
|
0018| disablement within the period of two years, compensation benefits
|
0019| to be paid such
|
0020| employee shall be in the amounts and to the persons as follows:
|
0021|
|
0022| (1) if there are no dependents, the compensation
|
0023| shall
|
0024| be limited to the funeral expenses not to exceed [three thousand
|
dollars ($3,000)] five thousand dollars ($5,000) and the
|
0001| expenses provided for medical and hospital services for the
|
0002| deceased, together with such other sums as the deceased may have
|
0003| been paid for disablement; or
|
0004|
|
0005|
|
0006|
|
0007| (2) if there are dependents at the time of death,
|
0008| the payment shall consist of a sum not to exceed [three thousand
|
dollars ($3,000)] five thousand dollars ($5,000) for funeral
|
0010| expenses and expenses provided for medical and hospital services
|
0011| for the deceased, together with such other sums as the deceased
|
0012| may have been paid for disability, and a percentage [here
|
inafter] specified in this paragraph for average weekly wages
|
0014| subject to the limitations of the New Mexico Occupational Disease
|
0015| Disablement Law to continue for the period of seven hundred weeks
|
0016| from the date of death of such employee; provided that the total
|
0017| death compensation, unless otherwise specified, payable in any of
|
0018| the cases [hereinafter] mentioned in this section shall not
|
0019| be less than the minimum weekly compensation provided in
|
0020| Subsection B of this section or more than the maximum weekly
|
0021| compensation provided in Subsection B of this section and shall
|
0022| be based on and limited to the benefits in effect on the date of
|
0023| the occurrence of the disablement. If there are dependents
|
0024| entitled thereto, compensation shall be paid to the dependents or
|
0025| to the person authorized by the director or the court to receive
|
0001| the same for the benefit of the dependents in such portions and
|
0002| amounts as the director or the court, bearing in mind the
|
0003| necessities of the case and the best interests of the dependents
|
0004| and of the public, may determine, to be computed on the following
|
0005| basis and distributed to the following persons:
|
0006|
|
0007| (a) to the child or children, if there is no
|
0008| widow or widower entitled to compensation, sixty-six and two-
|
0009| thirds percent of the average weekly wage of the deceased;
|
0010|
|
0011| (b) to the widow or widower, if there are no
|
0012| children, sixty-six and two-thirds percent of the average weekly
|
0013| wage of the deceased, until remarriage;
|
0014|
|
0015| (c) to the widow or widower, if there is a
|
0016| child or children living with the widow or widower, forty-five
|
0017| percent of the average weekly wage of the deceased, or forty
|
0018| percent, if such child is not or all such children are not living
|
0019| with a widow or widower, and in addition thereto, compensation
|
0020| benefits for the child or children which shall make the total
|
0021| benefits for the widow or widower and child or children sixty-six
|
0022| and two-thirds percent of the average weekly wage of the
|
0023| deceased. When there are two or more children, the compensation
|
0024| benefits payable on account of such children shall be divided
|
0025| among such children, share and share alike;
|
0001|
|
0002| (d) two years' compensation benefits in one
|
0003| lump sum shall be payable to a widow or widower upon remarriage;
|
0004| however, the total benefits shall not exceed the maximum
|
0005| compensation benefits as provided in Paragraph (2) of this
|
0006| subsection;
|
0007|
|
0008| (e) if there is neither widow, widower nor
|
0009| children, then to the father and mother or the survivor of them
|
0010| if dependent to any extent upon the employee for support at the
|
0011| time of his death, twenty-five percent of the average weekly wage
|
0012| of the deceased; provided that if such father and mother or the
|
0013| survivor of them was totally dependent upon such employee for
|
0014| support at the time of his death, he or they shall be entitled to
|
0015| fifty percent of the average weekly wage of the deceased, subject
|
0016| to the maximum weekly compensation provided for in Subsection B
|
0017| of this section;
|
0018|
|
0019| (f) no disablement benefits payable by reason
|
0020| of an employee's death shall exceed the maximum weekly
|
0021| compensation provided for in Subsection B of this section, and no
|
0022| dependent or any class thereof other than a widow or widower or
|
0023| children shall in any event be paid total benefits in excess of
|
0024| seven thousand five hundred dollars ($7,500) exclusive of funeral
|
0025| expenses and the expenses provided for medical and hospital
|
0001| services for the deceased paid for by the employer.
|
0002|
|
0003| If there is neither widow, widower nor children nor
|
0004| dependent parent, then to the brothers and sisters, if actually
|
0005| dependent to any extent upon the deceased for support at the time
|
0006| of his death, thirty-five percent of the average weekly wage of
|
0007| the deceased, with fifteen percent additional for brothers or
|
0008| sisters in excess of two, with a maximum of sixty-six and two-
|
0009| thirds percent to be paid to their guardian; provided that the
|
0010| maximum compensation to partial dependents shall not exceed the
|
0011| respective amounts therefor contributed by the deceased employee
|
0012| or the maximum weekly compensation provided for in Subsection B
|
0013| of this section; and
|
0014|
|
0015| (g) in the event of the death or remarriage of
|
0016| the widow or widower entitled to compensation under this
|
0017| subsection, the surviving children shall then be entitled to
|
0018| compensation computed and paid as in Subparagraph (a) of this
|
0019| paragraph for the remainder of the compensable period, and in the
|
0020| event compensation benefits payable to children as provided in
|
0021| this section are terminated as provided in Paragraph (5) of
|
0022| Subsection A of Section 52-3-13 NMSA 1978, a surviving widow or
|
0023| widower shall then be entitled to compensation benefits computed
|
0024| and paid as provided in Subparagraphs (b) and (d) of this
|
0025| paragraph for the remainder of the compensable period."".
|
0001|
|
0002| 5. Renumber the succeeding section accordingly.,
|
0003|
|
0004| and thence referred to the CORPORATIONS & TRANSPORTATION
|
0005| COMMITTEE.
|
0006|
|
0007| Respectfully submitted,
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| __________________________________
|
0013| Shannon Robinson, Chairman
|
0014|
|
0015|
|
0016|
|
0017| Adopted_______________________ Not
|
0018| Adopted_______________________
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021|
|
0022| Date ________________________
|
0023|
|
0024|
|
0025| The roll call vote was 7 For 2 Against
|
0001| Yes: 7
|
0002| No: 0
|
0003| Excused: Ingle, Vernon
|
0004| Absent: None
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| S0887PA1 .117801.1
|
0011|
|
0012|
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997 SB 887/a
|
0016|
|
0017|
|
0018| March 6, 1997
|
0019|
|
0020| Mr. President:
|
0021|
|
0022| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
|
0023| whom has been referred
|
0024|
|
0025| SENATE BILL 887
|
0001|
|
0002| has had it under consideration and reports same with
|
0003| recommendation that it DO PASS.
|
0004|
|
0005| Respectfully submitted,
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| __________________________________
|
0011| Roman M. Maes, III, Chairman
|
0012|
|
0013|
|
0014|
|
0015| Adopted_______________________ Not
|
0016| Adopted_______________________
|
0017| (Chief Clerk) (Chief Clerk)
|
0018|
|
0019|
|
0020|
|
0021| Date ________________________
|
0022|
|
0023|
|
0024| The roll call vote was 8 For 0 Against
|
0025| Yes: 8
|
0001| No: 0
|
0002| Excused: Fidel, Robinson
|
0003| Absent: None
|
0004|
|
0005|
|
0006| S0887CT1
|
0007|
|
0008|
|
0009| FORTY-THIRD LEGISLATURE
|
0010| FIRST SESSION, 1997 SB 887/a
|
0011|
|
0012|
|
0013| March 6, 1997
|
0014|
|
0015| Mr. President:
|
0016|
|
0017| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
|
0018| whom has been referred
|
0019|
|
0020| SENATE BILL 887
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005| __________________________________
|
0006| Roman M. Maes, III, Chairman
|
0007|
|
0008|
|
0009|
|
0010| Adopted_______________________ Not
|
0011| Adopted_______________________
|
0012| (Chief Clerk) (Chief Clerk)
|
0013|
|
0014|
|
0015|
|
0016| Date ________________________
|
0017|
|
0018|
|
0019| The roll call vote was 8 For 0 Against
|
0020| Yes: 8
|
0021| No: 0
|
0022| Excused: Fidel, Robinson
|
0023| Absent: None
|
0024|
|
0025|
|
0001| S0887CT1
|
0002| State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-THIRD LEGISLATURE
|
0006| FIRST SESSION, 1997
|
0007|
|
0008|
|
0009| March 15, 1997
|
0010|
|
0011|
|
0012| Mr. Speaker:
|
0013|
|
0014| Your LABOR AND HUMAN RESOURCES COMMITTEE, to whom
|
0015| has been referred
|
0016|
|
0017| SENATE BILL 887, as amended
|
0018|
|
0019| has had it under consideration and reports same with
|
0020| recommendation that it DO PASS, amended as follows:
|
0021|
|
0022| 1. On page 2, line 8, after "not" insert "a contractor is
|
0023| the primary contractor or a subcontractor, and whether or not".
|
0024|
|
0025| 2. On page 2, lines 18 through 20, restore the stricken
|
0001| language.
|
0002|
|
0003| 3. On page 3, line 25, strike the second occurrence of
|
0004| "the".
|
0005|
|
0006| 4. On page 4, line 1, strike "compensation" and insert in
|
0007| lieu thereof "weekly compensation, benefits, medical expenses and
|
0008| recoverable costs, including discovery,".
|
0009|
|
0010| 5. On page 4, line 6, strike the first occurrence of
|
0011| "compensation" and insert in lieu thereof "weekly compensation,
|
0012| benefits, medical expenses and recoverable costs, including
|
0013| discovery,".
|
0014|
|
0015| 6. On page 4, line 7, before "expenses" insert "fees and".
|
0016|
|
0017| 7. On page 4, line 7, after "expenses" insert "provided for
|
0018| in Section 52-1-54 NMSA 1978".
|
0019|
|
0020| 8. On page 12, lines 5 through 7, restore the stricken
|
0021| language.
|
0022|
|
0023| 9. On page 13, line 17, after "not" insert "a contractor is
|
0024| the primary contractor or a subcontractor, and whether or not".
|
0025|
|
0001| 10. On page 13, lines 21 through 23, after "Sections"
|
0002| strike the remainder of that section and insert in lieu thereof
|
0003| "52-1-4.1, 52-1-23 and 52-3-9.1 NMSA 1978 (being Laws 1979,
|
0004| Chapter 368, Section 2, Laws 1965, Chapter 295, Section 16 and
|
0005| Laws 1980, Chapter 88, Section 4, as amended) are repealed.".,
|
0006|
|
0007| and thence referred to the BUSINESS AND INDUSTRY
|
0008| COMMITTEE.
|
0009|
|
0010| Respectfully submitted,
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| Rick Miera, Chairman
|
0016|
|
0017|
|
0018| Adopted Not Adopted
|
0019|
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022| Date
|
0023|
|
0024| The roll call vote was 5 For 0 Against
|
0025| Yes: 5
|
0001| Excused: Foy, Silva, S. Williams
|
0002| Absent: None
|
0003|
|
0004|
|
0005| .118800.1
|
0006| G:\BILLTEXT\BILLW_97\S0887
|