The right to benefits under the New Mexico Occupational Disease Disablement Law for disablement or death from an occupational disease shall be forever barred unless written claim is filed with the workers' compensation administration within the time provided:

1. A. if the claim is made by an employee and based upon silicosis, asbestosis, poisoning by benzol or its poisonous derivatives or any other disease except as provided in this section, it must be filed within one year from the date of the beginning of disablement of the employee; but

2. B. in cases involving radiation injury or disability, the one-year period for filing claims shall not begin to run until the employee:

   1. (1) sustains such injury or disability; and
   2. (2) knows or by the exercise of reasonable diligence should know of the existence of the injury or disability and its possible relationship to his employment;
3. C. if the claim is made by a dependent of an employee and based upon death resulting from an occupational disease, it must be filed within one year after the date of death of the employee; and
4. D. in the event that after disablement or death the employer or his surety has commenced the payment of benefits hereunder, without a claim being filed therefor, the times provided in Subsections A, B and C of this section shall not begin to run until thirty-one days after the employer or surety discontinues the payment of compensation.

History: 1953 Comp., § 59-11-30, enacted by Laws 1965, ch. 299, § 18; 1971, ch. 261, § 11; 1986, ch. 22, § 66; 1989, ch. 263, § 63.

ANNOTATIONS

Relation back of amended complaint. — All that is required by this section is the timely filing of a complaint. As noted, Section 52-3-18 NMSA 1978 provides that this may be done informally, but so long as facts are pleaded from which the employee's rights may be determined, defects may be corrected. An amended claim may relate back to the date of the original claim if such amended claim arose out of the same conduct, transaction or occurrence as the claim set forth in the original complaint. If it did, it will be related back to the date of the filing of the original complaint. Holman v. Oriental Refinery, 1965-NMSC-029, 75 N.M. 52, 400 P.2d 471.

Limitation on silicosis claim. — Surviving spouse's claim for death benefits, filed, pursuant to Subsection C, within one year after her husband died of silicosis, was untimely under Section 52-3-10B(3) NMSA 1978, where her husband died sixteen years after the date of his last employment. Tapia v. Springer Transf. Co., 1987-NMCA-089, 106 N.M. 461, 744 P.2d 1264, cert. denied, 106 N.M. 405, 744 P.2d 180.

Am. Jur. 2d, A.L.R. and C.J.S. references. — When statute of limitations begins to run as to cause of action for development of latent industrial or occupational disease, 1 A.L.R.4th 117.

100 C.J.S. Workmen's Compensation § 468(8).