New Mexico § 52-1-56 - Diminution; termination or increase of compensation

§ 52-1-56. Diminution; termination or increase of compensation

The workers' compensation judge may, upon the application of the employer, worker

or other person bound by the compensation order, fix a time and place for hearing

upon the issue of claimant's recovery. If it appears upon such hearing that diminution or termination of disability has

taken place, the workers' compensation judge shall order diminution or termination

of payments of compensation as the facts may warrant. If it appears upon such hearing that the disability of the worker has become more

aggravated or has increased without the fault of the worker, the workers' compensation

judge shall order an increase in the amount of compensation allowable as the facts

may warrant. Hearings shall not be held more frequently than at six-month intervals. In the event the employer or other person upon whose application the hearing is

had to diminish or terminate compensation is unsuccessful in diminishing or terminating

the compensation previously awarded to the worker, the worker shall be entitled to

recover from the applicant all reasonable and necessary expenses incidental to his

attending the hearing, including the cost of travel, meals, lodging, loss of pay or

other like direct expense together with his costs. If the worker has, prior to his application to the workers' compensation judge,

made demand in writing to the employer or other person bound by the compensation order

for examination as provided in Section 52-1-51 NMSA 1978 for the purpose of determining whether compensation should be increased and if the

employer or other person bound by the compensation order has failed to provide the

examination within a period of one month after receipt of the demand or, after the

examination, has denied to the worker any increase in compensation, then if the worker

is successful in obtaining an increase of compensation, he is entitled to recover

from the employer or other person bound by the compensation order all reasonable and

necessary expenses incidental to his attending the hearing, including the cost of

travel, meals, lodging, loss of pay or other like direct expense together with his

costs. The compensation of the worker as previously awarded shall continue while the hearing

is pending. If the applicant decides to have the worker examined after he has come to the place

of hearing pursuant to notice given, he shall pay the worker his expenses necessarily

incurred in attending the hearing before the worker is required to submit to such

examination, but such worker is not entitled to receive expense money more than one

time for the same trip.