WCA Rules and Statutes

Proposed Rule Changes

The public was invited to a Zoom webinar on May 16, in which suggestions and comments were considered. 

The WCA will finalize a draft of the proposed changes, and a second public meeting for additional input from the public on the final draft of the proposed rules. 


April 15, 2022

Dear Workers’ Compensation Community:

On January 21, 2022, I announced that the NM WCA was undertaking a review of its rules, and the public was invited to submit their suggested rule changes. A timeline was created by which key steps in the process were to occur. I promised to transmit draft rule changes to the general public by April 15, 2022.

I am pleased to announce that the WCA is making available on its WCA website at https://www.workerscomp.nm.gov/ the current rule revisions that have been internally developed as aided by suggestions from the general public. The general public is invited to view these proposed rule changes.

The WCA will be hosting a Zoom meeting on May 16, 2022 at 1:30 p.m. The purpose of the meeting is to receive additional input from the general public on the suggested rule revisions posted on the WCA website.

Following the May 16, 2022 meeting, the WCA will finalize a final draft of rules and host a second Zoom meeting no later than July 15, 2022 for purposes of additional public input.

The WCA intends to finalize the revisions to its rules and then submit the rules to the formal rule making process in accordance with law.

I am committed to an open, transparent process by which all stake holders and the general public can have input at all material stages.

Sincerely,

Robert E. Doucette, Jr. WCA Director


11.4.1 NMAC (Proposed) General Provisions

11.4.4 NMAC (Proposed) Claims Resolution 

11.4.5 NMAC (Proposed) Enforcement & Administrative Investigations

11.4.6 NMAC (Proposed) Judicial Selection

11.4.7 NMAC (Proposed) Payments for Health Care Services

11.4.12 NMAC (Proposed) Uninsured Employers' Fund

11.4.13 NMAC (Proposed) Controlled Insurance Plans


Rules

The New Mexico Workers' Compensation Administration procedural rules are found in Title II, Chapter 4 of the New Mexico Administrative Code.

(click on the rule title below to download the pdf format of the rule)

  • [Part 1] General Provisions (Effective 10/1/2014)
  • [Part 2] Data Reporting and Safety Requirements (Effective 9/30/16)
  • [Part 3] Payment of Claims, Post-Accident Drug and Alcohol Testing, and Conduct of Parties (Effective 6/30/16)
  • [Part 4] Claims Resolution (Effective 1/1/2018)
  • [Part 5] Enforcement & Admin. Investigations (Effective 10/1/2014))
  • [Part 6] Judicial Selection (Effective 12/31/13)
  • [Part 7] Payments for Health Care Services (Effective 9/30/16)
  • [Part 8] Individual Self-Insurance (Effective 9/30/16)
  • [Part 9] Group Self-Insurance (Effective 10/1/15)
  • [Part 10] Self-Insurance Pooling of Public Entities (Effective 1/14/05)
  • [Part 11] Proof of Coverage (Effective 9/30/16)
  • [Part 12] Uninsured Employers' Fund (Effective 12/31/11)
  • [Part 13] Controlled Insurance Plans (Effective 12/31/13)

Final Rule

Following a public comment period, including a public hearing on October 27, 2017, the director of the Workers’ Compensation Administration has repealed rule 11.4.4 NMAC titled Workers’ Compensation – Claims Resolution and replaced it with a new 11.4.4 NMAC, titled Workers’ Compensation – Claims Resolution, adopted November 13, 2017 and effective January 1, 2018. NMSA 1978, Sections §§ 52-5-4 (2003) and 52-4-3 (1990) authorize the director to adopt reasonable rules, regulations, and fee schedules.

See the Final Rule (Rule 4, effective 1/1/2018).

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Workers' Compensation Statutes Online


The complete New Mexico statutes and rules are available free online through the New Mexico Compilation Commission, at: [New Mexico Statutes and Court Rules]

Note: Select Chapter 52 for Workers' Compensation

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How to Purchase Statutes


Workers' compensation statutes may also be purchased in book form from the New Mexico Compilation Commission.

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