No claim for compensation under the Workers' Compensation Act, as it now provides or as it may hereafter be amended, shall be barred prior to the filing of such report or within thirty days thereafter, but this section does not shorten the time now provided for filing claims with the director.
History: Laws 1937, ch. 92, § 15; 1941 Comp., § 57-928; 1953 Comp., § 59-10-28; Laws 1986, ch. 22, § 21; 1989, ch. 263, § 35.
ANNOTATIONSEmployer's failure to file injury report. — Where employer employed worker for one day; worker's injuries were severe enough that if employment had lasted longer than one day, worker would have lost more than seven days of work; employer did not file an injury report required by Section 52-1-58(A) NMSA 1978; employer denied workers' compensation benefits to worker; and worker filed a claim for workers' compensation with the workers' compensation administration nineteen months after employer denied worker's claim for benefits, worker's claim was not barred by statute of limitations. Nelson v. Homier Distrib. Co., Inc., 2009-NMCA-125, 147 N.M. 318, 222 P.3d 690.
The word "barred" in the section does not apply to laches and the legislative history shows that this section was enacted in connection with the limitation period. Anaya v. City of Santa Fe, 1969-NMSC-025, 80 N.M. 54, 451 P.2d 303.
Workman (Worker) cannot avoid limitations because employer failed to file report. — A workman (worker) failing to file his claim in court within the statutory period after learning of the extent and seriousness of his disability cannot avoid the bar of limitations by asserting that the employer failed to file with the labor commissioner (now director of the labor and industrial division) a report concerning a compensable injury where the employer had no reason to believe that a compensable injury had occurred. Sanchez v. Bernalillo Cnty., 1953-NMSC-038, 57 N.M. 217, 257 P.2d 909.
Claim for death benefits in the case of a hospital nurse who died of a heart attack was not time barred, where the hospital had actual notice of the compensable injury, yet failed to file a written report as required. Herman v. Miners' Hosp., 1991-NMSC-021, 111 N.M. 550, 807 P.2d 734.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.
100 C.J.S. Workmen's Compensation § 441.