WCA Continues Limited Onsite Operations
The New Mexico Workers' Compensation Administration (WCA), in keeping with directives issued by Governor Michelle Lujan Grisham to further reduce community spread of the novel coronavirus (COVID-19), will continue to operate telephonically for mediations and hearings, and for much of the agency's daily operations.
Employers are responsible for the cost and arrangement of a qualified interpreter for the telephonic hearings and mediations, including arrangements for telephonic participation by the interpreter. Employers and their counsel are requested to set up conference calls for all parties, and provide conference calling information to the mediators, judges and Director. All parties, counsel and interpreters are strongly encouraged to participate telephonically from their own homes and offices to minimize exposure.
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Electronic Case Filing
The Workers' Compensation Administration requires represented parties to e-file documents. The case filing system provides electronic access to the schedule and/or calendar information through the eServices page.
During COVID-19 restrictions, mediations will require use of the Stipulated Recommended Resolution form.
Rules and Statutes
New Mexico Workers' Compensation Administration Rules are procedural regulations that pertain to a variety of matters critical to processes in the workers' compensation system, including data reporting payment of claims, claims resolution and other general provisions.
New Mexico's Statutes pertaining to workers' compensation can be found in Chapter 52 of the New Mexico Statuted Annotated (NMSA).
Expedited Lump-Sum Payments
Announcement April 8, 2020: The New Mexico Workers' Compensation Administration announces changes to the Lump Sum Tuesday hearing schedule. Effective April 17, 2020, and each Friday thereafter, jointly requested lump-sum settlements will be heard on Fridays. The hearings will be set telephonically at a designated time and will not be heard on a first-come, first-served bases. WCA staff will work to get these matters resolved as quickly as possible.
The WCA aims to provide constituents with essential services to the best of our capabilities. We anticipate there will be some modifications, and we will provide more information in the weeks to come.
The following is on hold, with Fridays set aside for Lump Sum hearings until further notice. See above for current practices during COVID-19.
In an effort to provide a streamlined option in the resolution of disputes, the New Mexico Workers' Compensation Administration designates an on-call pro tempore judge every Tuesday morning for the purpose of hearing only stipulated lump-sum payment petitions under NMSA § 52-5-12 (D). Hearings are not held during the holiday weeks of Thanksgiving, Christmas, or New Year's.
The process is strictly voluntary. Hearings are held on a first come, first served, walk-in basis. Check-in is not allowed until all parties and interpreters are present. To be heard that day, parties must check in between 8:30 a.m. and 9:30 a.m. Hearings conclude at noon.
The WCA does not accept calls to schedule appointments for "Lump Sum Tuesday" and there is no sign-up sheet. Video hearings are not conducted. Telephonic hearings are an option as long as one party is present to check in and those appearing telephonically can be reached at the time the case is called.
In order to participate in this process, the parties must have fulfilled the following requirements before their petition will be heard by the judge pro tempore:
1. A signed Joint Petition for 52-5-12(D) Lump Sum Payment form has been filed with the WCA Clerk of the Court by 5 p.m. on the Monday immediately preceding the next scheduled lump sum docket;
2. The WCA Clerk of the Court has reviewed the petition and certified that no liens are on file with the WCA;
3. The parties have completed and filed a Joint Request for Expedited Section 52-5-12 (D) Hearing form certifying that all of the above requirements have been met; and
4. The parties have agreed on and signed a proposed Order approving the § 52-5-12 Lump Sum Settlement that will be presented to the judge at the time of hearing.
Parties should be aware that failure to follow the outlined process will result in their petition not being presented to the judge pro tempore. Joint petitions for § 52-5-12 (D) and joint requests for expedited setting not heard on the immediate Tuesday following a filing will be administratively closed, and will need to be refiled prior to presenting the petition during the Lump Sum Tuesday process.
A Joint Petition for Lump Sum Settlement filed with a regular Request for Setting will result in a judge assignment and/or will be referred to the final judge to schedule the hearing in lieu of appearing for an expedited lump sum docket.
Parties who do not follow these requirements will not have their case placed on the lump sum docket. We hope that this process will reduce delays in approving lump sums.
Any questions can be directed to Heather Jordan, Clerk of the Court, at (505) 841-6028.
Workers' Compensation Legal Decisions
WCA judges' recent trial decisions can be found through Westlaw, or by ordering a copy of the order through the WCA Clerk of the Court.
Read recent New Mexico appellate court decisions related to workers' compensation.
Official Disability Guidelines
The Work Loss Data Institute’s (WLDI) Official Disability Guidelines (ODG) is in effect under Part 7 of the WCA Rules for the treatment of workers’ compensation injuries. All medical services rendered for recommended treatment contained in the ODG are presumed reasonable and necessary. The ODG provides insurers and attorneys with current information on allowable medical services and treatments.
The Official Disability Guidelines is a subscription-based site. For subscription or general ODG information, visit: http://worklossdata.com
Find FAQ’s about the ODG.
Meet our Judges and Mediators
The WCA's Adjudication and Dispute Resolution Bureau has its own administrative court to resolve disputed cases. The court is staffed by administrative law judges and professional mediators. The WCA's Adjudication and Dispute Resolution Bureau handles all complaints that fall under workers' compensation law.
Meet our Judges.
Meet our Mediators.