46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO WORKERS' COMPENSATION; REMOVING SILICOSIS AND ASBESTOSIS EXEMPTIONS IN THE NEW MEXICO OCCUPATIONAL DISEASE DISABLEMENT LAW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 52-3-10 NMSA 1978 (being Laws 1945, Chapter 135, Section 10, as amended) is amended to read:

"52-3-10. EMPLOYER LIABILITY FOR COMPENSATION--CONDITIONS WHEN NO PAYMENT TO BE MADE.--

A. There is imposed upon every employer a liability for the payment of compensation to every employee of [such] the employer who suffers total disablement by reason of an occupational disease arising out of his employment; [subject to the following conditions (1) no] provided that compensation shall not be paid when the last day of injurious exposure of the employee to the hazards resulting in an occupational disease occurred prior to the passage of the New Mexico Occupational Disease Disablement Law [and

(2) no compensation shall be paid in case of silicosis or asbestosis unless during the ten years immediately preceding the disablement the injured employee was exposed to harmful quantities of silicon dioxide dust or asbestos dust for a total period of no less than twelve hundred fifty work shifts in employment in this state and unless disablement results within two years from the last day upon which the employee actually worked for the employer against whom compensation is claimed. For the purpose of computing work shifts under this section, employment for less than one-half of a normal shift shall be disregarded, and employment for one-half or more of a normal shift shall be deemed a full shift].

B. There is imposed upon every employer a liability for the payment of compensation to the dependents of every employee in cases where death results from an occupational disease arising out of his employment, subject to the following conditions:

(1) [no] compensation shall not be paid when the last day of exposure of the employee to the hazards resulting in death from occupational disease occurred prior to the passage of the New Mexico Occupational Disease [Diablement] Disablement Law; and

[(2) no compensation shall be paid for death from silicosis or asbestosis unless during the ten years immediately preceding the disablement the deceased employee was exposed to harmful quantities of silicon dioxide dust or asbestos dust for a period of not less than twelve hundred fifty work shifts in this state;

(3) no compensation shall be paid for death from silicosis or asbestosis unless the death results within two years from the last day upon which the employee actually worked for the employer against whom compensation is claimed, except in those cases where death results during a period of continuous disablement from silicosis or asbestosis for which compensation has been paid or awarded or for which a claim, compensable but for such death, is on file with the director, and in these cases compensation shall be paid if death results within five years from the last day upon which the employee actually worked for the employer against whom compensation is claimed; and

(4) no] (2) compensation shall not be paid for death from an occupational disease [other than silicosis or asbestosis] unless death results within one year from the last day upon which the employee actually worked for the employer against whom compensation is claimed, except in those cases where death results during a period of continuous disablement from an occupational disease [other than silicosis or asbestosis] for which compensation has been paid or awarded or for which a claim, compensable but for such death, is on file with the director, and in these cases compensation shall be paid if death results within three years from the last day upon which the employee actually worked for the employer against whom compensation is claimed.

C. The time limits prescribed by this section shall not apply in the case of an employee whose disablement or death is due to occupational exposure to radioactive or fissionable materials, provided [no] that compensation shall not be paid in such a case unless [such] the disablement or death occurs within ten years from the last day upon which the employee actually worked for the employer against whom compensation is claimed."

Section 2. Section 52-3-11 NMSA 1978 (being Laws 1945, Chapter 135, Section 11) is amended to read:

"52-3-11. LAST EMPLOYER LIABLE [EXCEPTION].--Where compensation is payable for an occupational disease, the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of employment resulting in [such] the disease [provided that in the case of silicosis or asbestosis, the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust or asbestos dust during a period of sixty days or more]."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.