New Mexico § 52-1-28 Compensable claims; proof

New Mexico Statutes

§ 52-1-28 — Compensable claims; proof

New Mexico § 52-1-28

Ch. 52Workers' Compensation

This text of New Mexico § 52-1-28 (Compensable claims; proof) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 52-1-28 (2026).

Text

A. Claims for workers' compensation shall be allowed only:

(1)when the worker has sustained an accidental injury arising out of and in the course of his employment;

(2)when the accident was reasonably incident to his employment; and (3) when the disability is a natural and direct result of the accident. B. In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by expert testimony of a health care provider, as defined in Section 52-4-1 NMSA 1978, testifying within the area of his expertise.

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A. Claims for workers' compensation shall be allowed only: (1) when the worker has sustained an accidental injury arising out of and in the course of his employment; (2) when the accident was reasonably incident to his employment; and (3) when the disability is a natural and direct result of the accident. B. In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by expert testimony of a health care provider, as defined in Section 52-4-1 NMSA 1978, testifying within the area of his expertise.