House Memorial 83, which creates the Workers' Compensation Administration Attorney Fees Task Force, was sponsored by Rep. Pamelya Herndon (D - Bernalillo) and passed in the 2023 legislative session. HM 83 charged the WCA director to convene a task force by May 1, 2023 to study the impact and effect of attorney fees and attorney fee caps on the workers' compensation system in New Mexico. The attorney fee cap is currently set at $22,500 (§52-1-54). The task force will study the number of claims reaching the cap, the average fee received per claim and the impact of a fee cap on access to justice.
The task force will present a report of its findings and recommendations to the WCA Advisory Council by April 30, 2024. The task force met on May 16, June 20, September 19, and November 7. The WCA presented Task Force updates to the Advisory Council at their meetings on July 18, October 3, and November 16, 2023.
The public is welcome to provide information and feedback at advisory council meetings.
Task force members include:
- NMWCA Director's designee: WCA General Counsel Michael Holt
- Two workers' attorneys: Ben Sherman and Kathryn Lueker-Eaton
- Two employers/insurers' attorneys: Chris Elmore and Megan Kuhlman
- Two employer representatives: Johanna Padilla (State of New Mexico) and Matt Sanchez (Jaynes Corp.)
- Two labor union representatives: Jeffrey Steele (Ironworkers Local 495) and Greg Montoya (IAFF Local 244)
- Insurance carrier representative: Dan Girlamo, New Mexico Mutual Casualty
- Self-insurer group representative: Randy Aiken, Builders Trust of New Mexico
- Two injured workers: Victoria Bratton and Marsha Schmidt
On behalf of the task force, the WCA transmitted a data call to the state's 10 largest insurers and collected data from payers on attorney fees. Data was culled from the years 2013-2022. In addition, the WCA, on behalf of the Task Force, issued a survey to practicing attorneys to solicit input regarding issues addressed by the Task Force. Results and analysis from the data call and survey can be obtained in the links below.
House Bill 455 (HB 455)
Written Public Comment Regarding HB 455 Submitted to WCA
Summary of January 11, 2023 Public Discussion via Zoom Regarding HB 455
House Memorial 83 (HM 83)
Task Force Meetings
Notes on June 20, 2023 Meeting
Notes on September 19, 2023 Meeting
Notes on November 7, 2023 Meeting
Notes on December 12, 2023 Meeting
HM 83 Data Gathering
2024 Analysis of Attorney Fee Cap Increases on Benefits Proportionality in Workers' Compensation
Workers Pro Se Research Report
Assessment of NMSA §52-1-54 Values Using Inflation Indices
HM 83 Survey Questionnaire-Final
Fee Cap Task Force Data Call Preliminary Report
Fee Cap Task Force Data Call Supplement Report