In any case where an insured under the authority’s workers’ compensation program is eligible to receive workers’ compensation benefits for an injury, the exclusive remedy for such injury is workers’ compensation benefits. Such injured insured shall have no claim for additional benefits under either the authority benefits or risk programs, including but not limited to underinsured, uninsured and unknown motorist coverages. Provided, however, this does not prohibit an insured from claiming benefits (in addition to workers’ compensation) if provided under a short or long-term disability policy, life insurance policy or medical benefits policy (so long as an insured is limited to one recovery for medical expenses).

HISTORY OF 6.50.14 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

NMPSIA Rule 93-17, Participating Entity Workers’ Compensation Policy, filed 3/22/1993.

NMPSIA Rule 93-18, Workers’ Compensation is the Exclusive Remedy, filed 3/22/1993.

History of Repealed Material:

6 NMAC 50.14, Participating Entity Workers Compensation Policy, filed 10/1/1997 - Repealed effective 09/01/2014.

[6.50.14.2 NMAC - Rp, 6 NMAC 50.14.12, 09/01/2014]