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New Mexico Workers' Compensation Questions & Answers
0 Answers | Asked in Workers' Compensation for New Mexico on
Q: I'm a physical therapist in NM, and I just want to make sure that I understand the ex parte contact provision.

(In re: Section 52-10-1, Church's Chicken vs Hanson)

If I have a WC patient, do I need to obtain that patient's verbal or written consent before talking to his/her WC adjuster? Or am I legally allowed to talk to the adjuster without receiving the patient's consent first?

Thank you.

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Q: my employer is having financial troubles and has took away my vacation & sick leave. what are my options? legal?

I have 200 hrs vacation and 24 hrs sick leave saved up. My employer is a small business (5 employees) in new mexico that has recently downsized dramatically from financial issues (debts). ive been with him for over 6 yrs. I recently got sick for two days from an E coli outbreak in the cities water... Read more »

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, for work already done, an employer must pay whatever rate of pay and benefits were agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay or benefits for a certain period of time into the future, an employer can change the rate... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for New Mexico on
Q: My wife was injured in Montana, had an assesment done that has her at 7% whole body impairment. Insurance denied claim

because she moved to New Mexico. Is there a statute that makes that ok, or do we have a legitimate cause? We have a mediation set up for later this month, but I want to be sure that we aren't kicking a dead horse.

Peter N. Munsing
Peter N. Munsing
answered on Oct 13, 2016

I assume you have an attorney. Your moving doesn't have squat to do with an injury claim as long as she got follow up treatment which documents she stillhas issues.

IF you don't have an attorney at least get a consult with a member of the Montana Trial Lawyers Assn --they give free consults.

2 Answers | Asked in Personal Injury and Workers' Compensation for New Mexico on
Q: I got a little burn at work nothing big at all , can I refuse medical treatment on my behalf if I can

If I have to go to a hospital can i refuse medical treatment

Peter N. Munsing
Peter N. Munsing
answered on Sep 20, 2016

Get it seen to. Why? Because unlike health insurance there's no deductible or copay. If the burn gets infected you'll pay;.

not sure why the reticence but get it checked out.

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1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Q: I hurt my knee on the job on the FD and forced to resign, im on work comp, should I be getting a settlement?
Trent A. Howell
Trent A. Howell
answered on Apr 14, 2016

In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would... Read more »

1 Answer | Asked in Workers' Compensation for New Mexico on
Q: I fell on the ice outside of work a year & 1/2 ago, I'm still suffering severely.The company has recognized it as a p

Problem, because now there are ice buckets outside.

I am still suffering.

The new Dr. I recently started seeing is going to get me over to a trauma psyc. because of PTSD.

And she is still working in helping me heal.

Do I have a personal injury case against my employers?

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

Personal injury is different than workers' compensation. Injuries at work are normally covered by workers' comp. Start by talking to a local workers' comp lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
Read more »

1 Answer | Asked in Workers' Compensation for New Mexico on
Q: Can I tell a judge what workers compensation has done to me in the past example cost home I had 14 years not paid 1 year
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 18, 2012

Your question is not clear. It appears you are saying you have had a house for 14 years and ykou have not paid for one year. You have not said why your case should be paid.

I have practiced WC in Virginia for 35 years. I hope you can provide additional im

1 Answer | Asked in Workers' Compensation for New Mexico on
Q: What is a "Bad Faith" charge in a worker's compensation case?

If you have additional details about your question fill them here

Erin Gallivan
Erin Gallivan
answered on Jan 21, 2011

"Bad faith" in a workers comp case usually refers to the workers comp insurance company not adjusting the claim in good faith, in other words acting in bad faith towards the claimant in handling the claim. It is a claim brought by the claimant against the insurance company.

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