A. It is the duty of every employer of labor in this state subject to the provisions of the Workers' Compensation Act or the employer's workers' compensation insurance carrier to make a written report to the director of all accidental injuries or occupational diseases that occur to any of his employees during the course of their employment and that result in lost time of an employee of more than seven days. A copy of the report shall be sent by the employer to the worker. Such reports shall be made within ten days after such accidental injury or ten days after notification to the employer of employee disability, upon forms approved by the director and shall contain such information concerning the accident or injury as may be required by the director.
B. Upon request of the director, it is also the duty of every workers' compensation self-insurer and insurance carrier to file with the director closing reports upon the closing of a claim on forms approved by the director. Annual reports will be required on a form approved by the director.
History: Laws 1937, ch. 92, § 14; 1941 Comp., § 57-927; 1953 Comp., § 59-10-27; Laws 1986, ch. 22, § 20; 1987, ch. 235, § 27; 1989, ch. 263, § 34; 1990 (2nd S.S.), ch. 2, § 24.
ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, divided the preexisting language into Subsections A and B and, in Subsection A, substituted "or occupational diseases that" for "which may" and "that" for "which", added the second sentence, and inserted "or ten days after notification to the employer of employee disability".
Meaning of lost time of more than seven days. — The phrase "result in lost time of an employee of more than seven days" in Subsection A of Section 52-1-58 NMSA 1978 means the employee is unable to work anywhere for more than seven days, regardless of whether the employee actually still works for the employer. Nelson v. Homier Distrib. Co., Inc., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690.
Where an employee's injury would prevent the employee working for more than seven days following an injury, an employer must file a report. Nelson v. Homier Distrib. Co., Inc., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690.
Claim files are public records. — The worker's compensation division maintains worker's compensation claim files in the course of its statutory function of adjudicating claims filed by workers, which makes them public records within the meaning of state freedom of information laws. 1988 Op. Att'y Gen. No. 88-16.
Supervisor informed at time of injury. — An employer had adequate notice of a compensable injury where the claimant told his supervisor, at the time he was fitted for hearing aids, that his hearing loss was work-related. The statute of limitations (Section 52-1-31 NMSA 1978) was tolled by the employer's subsequent failure to file a report of the accident. Cisneros v. Molycorp, Inc., 1988-NMCA-080, 107 N.M. 788, 765 P.2d 761, cert. denied, 107 N.M. 785, 765 P.2d 758 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 608.
Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.