52-3-40. Autopsy in death claims.
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/nm/chapter-52-workers-compensation/article-3-occupational-disease-disablement/52-3-40·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. On the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary to ascertain the cause of death, it may be ordered by the workers' compensation judge and shall be made by a qualified person designated by the workers' compensation judge. Any interested person may designate a licensed physician to attend the autopsy, and the findings of the person performing the autopsy shall be filed with the workers' compensation judge and be a public record. All proceedings for compensation shall be suspended upon the refusal of a claimant or claimants to permit the autopsy when so ordered.
B. When an autopsy has been performed pursuant to any order of the workers' compensation judge, no cause of action therefor shall be against any person, firm or corporation participating in or requesting the autopsy.
History: 1941 Comp., § 57-1127, enacted by Laws 1945, ch. 135, § 27; 1953 Comp., § 59-11-28; reenacted by Laws 1986, ch. 22, § 64; 1989, ch. 263, § 62.