COVID-19 Legal Update: New MExico

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Workers' Compensation Administrative board/ commission

WCA

 

How does the state define an occupational disease?

2-3-32 The occupational diseases defined in Section 52-3-33 NMSA 1978 shall be deemed to arise out of the employment only if there is a direct causal connection between the conditions under which the work is performed and the occupational disease and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment and which can be fairly traced to the employment as the proximate cause. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected but after its contraction must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence. In all cases where the defendant denies that an alleged occupational disease is the material and direct result of the conditions under which work was performed, the worker must establish that causal connection as a medical probability by medical expert testimony. No award of compensation benefits shall be based on speculation or on expert testimony that as a medical possibility the causal connection exists.

 

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

WCA Director Issues Order on Telemedicine
     March 25, 2020

NM WCA Continues with Limited On-site Operations
     March 23, 2020

Executive Order Expands Work Comp Coverage for Certain State Employees & Volunteers 
     April 23, 2020

 

Court Closures & Modified Call

Limited On-Site Operations

 

Is the administrative court system closed or open?

Open (scaled down staff).

 

Does this state have a shelter-in-place in order?

No - order starting 3/24/20 to 5/31/20; phased re-opening began 5/16/20.

 

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19? 

Unemployment.

 

Last Updated: 7/14/2020