New Mexico § 52-5-5 - Claims; informal conferences

§ 52-5-5. Claims; informal conferences

A. When a dispute arises under the Workers' Compensation Act or the New Mexico Occupational

Disease Disablement Law, any party may file a claim with the director no sooner than

thirty-one days from the date of injury or the occurrence of the disabling disease. The director shall assist workers and employees not represented by counsel in the

preparation of the claim document. B. The director shall prepare a form of claim, which shall be available to all parties. The claim shall state concisely in numbered paragraphs the questions at issue or

in dispute that the claimant expects to be determined with sufficient particularity

that the responding or opposing party may be notified adequately of the claim and

its basis, including, if applicable, the specific benefit that is due and not paid. C. Upon receipt, every claim shall be evaluated by the director or the director's

designee, who shall then contact all parties and attempt to informally resolve the

dispute. Within sixty days after receipt of the claim, the director shall issue recommendations

for resolution and serve the parties with a copy. Within thirty days of receipt of the recommendation of the director, each party

shall notify the director on a form provided by the director of the acceptance or

rejection of the recommendation. A party failing to notify the director waives any right to reject the recommendation

and is bound conclusively by the director's recommendation unless, upon application

made to the director within thirty days after the foregoing deadline, the director

finds that the party's failure to notify was the result of excusable neglect. If either party makes a timely rejection of the director's recommendation, the claim

shall be assigned to a workers' compensation judge for hearing. D. Each party to a dispute shall have a peremptory right to disqualify one workers'

compensation judge; provided that: (1) the employer and the employer's insurer shall constitute a single party for purposes

of this subsection; (2) this peremptory right to disqualify one worker's compensation judge shall not

apply to the judge appointed pursuant to Section 52-1-49 NMSA 1978 to render a decision within seven days on a request for a different health care provider;

and (3) no party shall be required to disqualify a workers' compensation judge until a

judge has been assigned to a case.