summary
Introduced
02/16/2023
02/16/2023
In Committee
Crossed Over
Passed
Dead
03/18/2023
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
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=455&year=23 |
| BillText | https://www.nmlegis.gov/Sessions/23%20Regular/bills/house/HB0455.pdf |
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