New Mexico § 52-5-12 - Payment; periodic or lump sum; settlement
Full text of New Mexico New Mexico Statutes Annotated § 52-5-12 — Payment; periodic or lump sum; settlement, with citation guidance and answers to common questions.
§ 52-5-12. Payment; periodic or lump sum; settlement
A. It is stated policy for the administration of the Workers' Compensation Act and
the New Mexico Occupational Disease Disablement Law that it is in the best interest
of the injured worker or disabled employee that the worker or employee receive benefit
payments on a periodic basis. Except as provided in this section, lump-sum payments in exchange for the release
of the employer from liability for future payments of compensation or medical benefits
shall not be allowed. B. With the approval of the workers' compensation judge, a worker may elect to receive
compensation benefits to which the worker is entitled in a lump sum if the worker
has returned to work for at least six months, earning at least eighty percent of the
average weekly wage the worker earned at the time of injury or disablement. If a worker receives the benefit income in a lump sum, the worker is not entitled
to any additional benefit income for the compensable injury or disablement and the
worker shall only receive that portion of the benefit income that is attributable
to the impairment rating as determined in Section 52-1-24 NMSA 1978 . In making lump-sum payments, the payment due the worker shall not be discounted
at a rate greater than a sum equal to the present value of all future payments of
compensation computed at a five-percent discount compounded annually. C. After maximum medical improvement and with the approval of the workers' compensation
judge, a worker may elect to receive a partial lump-sum payment of workers' compensation
benefits for the sole purpose of paying debts that may have accumulated during the
course of the injured or disabled worker's disability. D. The worker and employer may elect to resolve a claim for injury with a lump-sum
payment to the worker for all or a portion of past, present and future payments of
compensation benefits, medical benefits or both in exchange for a full and final release
or an appropriate release of the employer from liability for such compromised benefits. The proposed lump-sum payment agreement shall be presented to the workers' compensation
judge for approval, and a hearing shall be held on the record. The workers' compensation judge shall approve the lump-sum payment agreement if
the judge finds that: (1) a written agreement describing the nature of the proposed settlement has been
mutually agreed upon and executed by the worker and the employer; (2) the worker has been fully informed and understands the terms, conditions and consequences
of the proposed settlement; (3) the lump-sum payment agreement is fair, equitable and provides substantial justice
to the worker and employer; and (4) the lump-sum payment agreement complies with the requirements for approval set
forth in Sections 52-5-13 and 52-5-14 NMSA 1978 . E. The workers' compensation judge shall approve a lump-sum payment agreement pursuant
to Subsection D of this section by order. Once the agreement has been approved and filed with the clerk of the administration,
any further challenge to the terms of the settlement is barred and the lump-sum payment
agreement shall not be reopened, set aside or reconsidered nor shall any additional
benefits be imposed. F. If a worker and employer elect to enter into a lump-sum payment agreement pursuant
to Subsection D of this section, the limit on attorney fees pursuant to Subsection I of Section 52-1-54 NMSA 1978 shall apply. G. If an insurer pays a lump-sum payment to an injured or disabled worker without
the approval of a workers' compensation judge and if at a later date benefits are
due for the injured or disabled worker's claim, the insurer alone shall be liable
for that claim and shall not in any manner, including rate determinations and the
employer's experience modifier, pass on the cost of the benefits due to the employer. H. If the compensation benefit to which a worker is entitled is less than fifty dollars
($50.00) per week, any party may petition the workers' compensation judge to consolidate
that payment into quarterly installments.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 52-5-12
What does New Mexico Statutes Annotated § 52-5-12 cover?
Section 52-5-12 ("Payment; periodic or lump sum; settlement") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 52-5-12?
A common citation format is "New Mexico Statutes Annotated § 52-5-12" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 52-5-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.