52-5-9. Application for modification of compensation order.
237 words·~1 min read·
/nm/chapter-52-workers-compensation/article-5-workers-compensation-division/52-5-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Compensation orders are reviewable subject to the conditions stated in this section upon application of any party in interest in accordance with the procedures relating to hearings. The workers' compensation judge, after a hearing, may issue a compensation order to terminate, continue, reinstate, increase, decrease or otherwise properly affect compensation benefits provided by the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] or in any other respect, consistent with those acts, modify any previous decision, award or action.
B. A review may be obtained upon application of a party in interest filed with the director at any time within two years after the date of the last payment or the denial of benefits upon the following grounds:
(1)change in condition;
(2)mistake, inadvertence, surprise or excusable neglect;
(3)clerical error or mistake in mathematical calculations;
(4)newly discovered evidence which by due diligence could not have been discovered prior to the issuance of the compensation order;
(5)fraud, misrepresentation or other misconduct of an adverse party;
(6)the compensation order is void; or
(7)the compensation order has been satisfied, released or discharged or a prior order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application.
History: Laws 1986, ch. 22, § 35; 1989, ch. 263, § 78.