New Mexico § 20-5-16 - State defense force; workers' compensation; cadre duty
Full text of New Mexico New Mexico Statutes Annotated § 20-5-16 — State defense force; workers' compensation; cadre duty, with citation guidance and answers to common questions.
§ 20-5-16. State defense force; workers' compensation; cadre duty
A. When a member of the state defense force is on state-ordered militia duty, the
member is a worker under the Workers' Compensation Act and the department of military
affairs is the member's employer. B. Members of the state defense force, while performing cadre duty, may be utilized
by the adjutant general to assist the national guard with training exercises or other
cadre duties. C. The average weekly wage of a member of the state defense force shall be computed
at the pay earned in the member's civilian capacity. Disability benefits to a member of the state defense force shall be limited to medical
benefits and two-thirds of the member's civilian pay if the member is unable to work. D. A member of the state defense force shall not be considered a worker under the
Workers' Compensation Act when performing cadre duty. E. As used in this section: (1) “ cadre duty ” means the normal service and training of the standing cadre of the state defense
force in anticipation and support of militia duty, including organization, administration
and other pre-call matters; and (2) “ militia duty ” means the performance of actual military service for the state in time of need when
called by the governor or adjutant general following mobilization of the national
guard. If performed by the unorganized militia following its call by the governor pursuant
to Section 20-2-6 NMSA 1978 , it shall include the post-call training of the New Mexico state defense force as
required by that call.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 20-5-16
What does New Mexico Statutes Annotated § 20-5-16 cover?
Section 20-5-16 ("State defense force; workers' compensation; cadre duty") 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 § 20-5-16?
A common citation format is "New Mexico Statutes Annotated § 20-5-16" (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 § 20-5-16 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.