New Mexico § 52-5-7 - Hearing procedure

§ 52-5-7. Hearing procedure

A. When matters in dispute cannot be resolved by informal conference or other techniques,

the director shall transmit a copy of the claim to the other parties with notice to

respond by written answer. The other parties shall respond with a written answer within twenty days after receiving

a notice or within such extension of that time as the director may allow. If no timely answer is filed by a party after notice, a workers' compensation judge

may, if he determines it to be appropriate, grant the relief sought against that party. However, if, in order to enable the workers' compensation judge to enter an order

and carry out its effect, it is necessary to take an account, determine the amount

of benefits due, establish the truth of any claims by evidence or make an investigation

of any matter, the workers' compensation judge may conduct such hearings as he deems

necessary and proper. B. A hearing shall be held for determining the questions at issue within sixty days

of the filing of the answer. All parties in interest shall be given at least twenty days' notice of the hearing

and of the issues to be heard, served personally or by mail. Following the presentation of the evidence, the workers' compensation judge shall

determine the questions at issue and file the decision with the director within thirty

days, unless the time for filing the decision is extended by the mutual agreement

of the parties. At the time of filing, a certified copy of the decision shall be sent by first class

mail to all interested parties at the last known address of each. The decision of the workers' compensation judge shall be made in the form of a compensation

order, appropriately titled to show its purpose and containing a report of the case,

findings of fact and conclusions of law and, if appropriate, an order for the payment

of benefits under the Workers' Compensation Act or the New Mexico Occupational Disease

Disablement Law. C. The decision of the workers' compensation judge shall be final and conclusive as

to all matters adjudicated by him upon the expiration of the thirtieth day after a

copy of the decision has been mailed to the parties, unless prior to that day a party

in interest seeks judicial review of the decision pursuant to Section 52-5-8 NMSA 1978 . D. All hearings before the workers' compensation judge shall be open to the public. The director shall by regulation provide for the preparation of a record of each

hearing. E. The director may authorize a workers' compensation judge or his duly authorized

representative to enter at any reasonable time the premises where an injury or death

has occurred and to make such examination of any tool, appliance, process, machinery

or environmental or other condition as may be relevant to a determination of the cause

and circumstances of the injury, disablement or death. F. The testimony of any witness may be taken by deposition or interrogatories according

to the rules of civil procedure for the district courts and may be taken before any

workers' compensation judge or any person authorized to take testimony, but discovery

procedure shall be conducted only upon the workers' compensation judge's findings

that good cause exists. The cost and expense of any discovery procedure allowed by the workers' compensation

judge shall be paid as provided in Section 52-1-54 NMSA 1978 . No costs shall be charged, taxed or collected by the workers' compensation judge

except fees for witnesses who testify under subpoena. The witnesses shall be allowed the same fee for attendance and mileage as is fixed

by the law in civil actions, except that the workers' compensation judge may assess

against the employer the fees allowed any expert witness, as provided in Section 38-6-4 NMSA 1978 , whose examination of the claimant, report or hearing attendance the workers' compensation

judge deems necessary for resolution of matters at issue.