New Mexico § 52-5-17 - Subrogation

§ 52-5-17. Subrogation

A. The right of any worker or, in case of his death, of those entitled to receive

payment or damages for injuries or disablement occasioned to him by the negligence

or wrong of any person other than the employer or any other employee of the employer,

including a management or supervisory employee, shall not be affected by the Workers'

Compensation Act or the New Mexico Occupational Disease Disablement Law, but the claimant

shall not be allowed to receive payment or recover damages for those injuries or disablement

and also claim compensation from the employer, except as provided in Subsection C

of this section. B. In a circumstance covered by Subsection A of this section, the receipt of compensation

from the employer shall operate as an assignment to the employer or his insurer, guarantor

or surety of any cause of action, to the extent of payment by the employer to or on

behalf of the worker for compensation or any other benefits to which the worker was

entitled under the Workers' Compensation Act or the New Mexico Occupational Disease

Disablement Law and that were occasioned by the injury or disablement, that the worker

or his legal representative or others may have against any other party for the injury

or disablement. C. The worker or his legal representative may retain any compensation due under the

uninsured motorist coverage provided in Section 66-5-301 NMSA 1978 if the worker paid the premium for that coverage. If the employer paid the premium, the worker or his legal representative may not

retain any compensation due under Section 66-5-301 NMSA 1978 , and that amount shall be due to the employer. For the purposes of this section, the employer shall not be deemed to pay the premium

for uninsured motorist coverage in a lease arrangement in which the employer pays

the worker an expense or mileage reimbursement amount that may include as one factor

an allowance for insurance coverage.