52-1-28. Compensable claims; proof.
127 words·~1 min read·
/nm/chapter-52-workers-compensation/article-1-workers-compensation/52-1-28A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
History: 1953 Comp., § 59-10-13.3, enacted by Laws 1959, ch. 67, § 7; 1987, ch. 235, § 13.