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NM HB455

NM HB455
Workers' Compensation Changes


summary

Introduced
02/16/2023
In Committee
Crossed Over
Passed
Dead
03/18/2023

Introduced Session

2023 Regular Session

Bill Summary

Workers' Compensation Changes

AI Summary

This bill amends the Workers' Compensation Act in New Mexico. Key provisions include: 1. Increasing the limit on the cost of discovery that employers must advance to claimants from $3,000 to $10,000, which the employer must pay if the claimant substantially prevails on the claim. 2. Allowing workers' compensation judges to exceed the $32,500 cap on attorney fees if the claim is for permanent total disability, the worker's injuries are serious, there has been additional litigation or appeal after reaching the cap, or the judge finds a violation of the Workers' Compensation Act. 3. Removing the provision that allowed judges to exceed the attorney fee cap if they found "bad faith" by the claimant, insurer, or employer, and instead allowing additional fees of up to $3,000 for each violation of the Workers' Compensation Act. 4. Removing the criminal penalty for violating the restrictions on attorney fees. The overall aim of the bill is to provide more flexibility and higher limits for attorney fees and discovery costs in workers' compensation cases in New Mexico.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

HLVMC: Reported by committee without a recommendation with amendment(s) (on 03/03/2023)

bill text


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