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New Mexico Statutes Chapter 52. Workers' Compensation § 52-1-28. Compensable claims; proof

Current as of January 01, 2024 | Updated by Findlaw Staff

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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Cite this article: FindLaw.com - New Mexico Statutes Chapter 52. Workers' Compensation § 52-1-28. Compensable claims; proof - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-52-workers-compensation/nm-st-sect-52-1-28/

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