A. Members of the New Mexico mounted patrol may be detailed to assist and render aid in specific instances involving law enforcement or other matters when request is made for such assistance and aid by the New Mexico state police or other state or local law enforcement agencies. When acting upon such call, members shall be deemed to be the agents or deputies of the authority issuing such request, shall be possessed of the same powers and duties as such requesting authorities and shall be completely covered by the Workmen's [Workers'] Compensation Act [Chapter 52, Article 1 NMSA 1978] if the employer's insurance policy is endorsed to clearly show that its coverage extends to the claimant.
B. For purposes of calculating the amount of any mounted patrol member's disability or death benefits pursuant to the Workmen's [Workers'] Compensation Act, the member's average weekly wages shall be deemed to be the average weekly wages the member was receiving from any and every employer, regardless of whether the member's employment with such employer was covered in fact by the Workmen's [Workers'] Compensation Act. The degree of disability, if any, shall be determined on the basis of the member's disability in regard to such other employment.
C. If a mounted patrol member is covered by workmen's compensation coverage pursuant to Subsection A of this section, the Workmen's [Workers'] Compensation Act shall be his exclusive remedy against the mounted patrol and the supervising law enforcement agency for any injury or death proximately caused by accident arising out of and in the course of the member's duties.
History: 1941 Comp., § 66-1106, enacted by Laws 1941, ch. 149, § 6; 1953 Comp., § 9-11-6; Laws 1961, ch. 241, § 1; 1983, ch. 247, § 1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Meaning of "state police". — When the statute refers to the New Mexico state police without any qualification, it grants power to any regularly appointed, active member of the state police to call upon a member of the mounted patrol for assistance. 1960 Op. Att'y Gen. No. 60-239.
State police may call for law enforcement matters only. — The mounted patrol may only be called upon by the state police for matters involving law enforcement, to assist and render aid to the state police, and for other matters related to the function of the state police. The statute does not contemplate calling upon members of the mounted patrol for training purposes, and the state police may not call upon members of the mounted patrol for the purpose of giving training to the mounted patrol. But where the purpose is law enforcement, or to render assistance to the state police in a proper function of the state police, then any member of the state police is authorized to call out members of the mounted patrol for assistance. 1960 Op. Att'y Gen. No. 60-239.
When no actual emergency exists, a member of the mounted patrol whose assistance is requested by the state police must be furnished the request in writing, signed by the officer making the request. 1960 Op. Att'y Gen. No. 60-239.
No state insurance or compensation plan coverage. — Members of the New Mexico mounted patrol are not covered by any state insurance or compensation plan during periods of service as provided. 1957 Op. Att'y Gen. No. 57-41.
If group insurance is acquired, then classification is as a unit. — For purposes of acquiring group insurance protection, a troop of the New Mexico mounted patrol was classified as a unit or group under former Section 59-18-16 NMSA 1978. 1957 Op. Att'y Gen. No. 57-41.