New Mexico § 52-5-10 - Enforcement of payment in default

§ 52-5-10. Enforcement of payment in default

A. In the event of default in the payment of compensation due under a compensation

order, the person to whom compensation is payable may, after the thirtieth day from

the date on which the compensation became due and before the lapse of one year from

that due date, make application for a supplementary compensation order declaring the

amount of compensation in default. The application shall be filed with the director, who shall forthwith notify the

employer and the issuer of the filing of the application, giving opportunity to be

heard in respect of the application. In the absence of an allegation and proof of fraud in the procurement of the compensation

order and if the workers' compensation judge determines that payment of compensation

is in default, the workers' compensation judge shall make and file a supplementary

compensation order declaring the amount of the compensation in default. In case the payment in default is an installment of an award of determinable amount,

the workers' compensation judge may, in his discretion, declare the entire balance

of the award due. The claimant or workers' compensation judge may file a certified copy of the supplementary

compensation order with the clerk of any district court. B. The applicant or director may thereafter petition such district court solely for

the purposes of entry of judgment upon the supplementary compensation order and the

imposition of appropriate sanctions, serving notice of the petition on the employer

and any other person in default. If the employer maintains no place of business in the state, he shall be deemed

to have appointed the superintendent of insurance as his agent for the purpose of

acceptance of service of process in all matters under the Workers' Compensation Act

or the New Mexico Occupational Disease Disablement Law or related thereto. The district court shall accept the supplementary compensation order as valid, and

shall not review or supplement the findings and conclusions of the workers' compensation

judge, other than to enforce the supplementary compensation order and impose appropriate

sanctions. The district court shall enter judgment against the person in default for the amount

due under the order. No fees shall be required for the filing of a supplementary compensation order,

for the petition for judgment, for the entry of judgment or for any enforcement procedure

for the judgment. No supersedeas bond shall be granted by any court with respect to a judgment entered

under this section. C. Proceedings to enforce a compensation order or decision shall not be instituted

other than as provided by the Workers' Compensation Act or the New Mexico Occupational

Disease Disablement Law.