New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 4 - WORKERS' COMPENSATION
Part 4 - CLAIMS RESOLUTION
Section 11.4.4.11 - DIRECTOR'S MATTERS
Universal Citation: 11 NM Admin Code 11.4.4.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. The following matters shall be pleaded on the mandatory application to director form:
(1) judge assignment
disputes;
(2) request for relief
from an untimely rejection of a recommended resolution;
(3) request to withdraw an acceptance of a
recommended resolution;
(4)
appointment of a recipient of benefits for a minor child or an incompetent
worker;
(5) approval of an out of
state health care provider, if necessary;
(6) attorney withdrawal when no judge is
assigned;
(7) objection to case
management or utilization review by the WCA; and
(8) any other matter within the director's
jurisdiction.
B. A party responding to an application to the director may submit a written response.
C. Recipient of benefits for minors and incompetent workers:
(1)
General provisions.
(a) "Recipient" means the
individual or entity approved to receive benefit payments on behalf of a minor
child or incompetent worker pursuant to Section
52-5-11 NMSA 1978.
(b) The director may designate a judge to
resolve applications brought pursuant to Section
52-5-11 NMSA 1978 when other
matters are pending before the judge.
(2) Designation of recipient.
(a) An application to the director and
request for setting shall be filed and accompanied by a summons if one has not
previously been issued in the case.
(b) The application shall have attached any
applicable marriage certificate, birth certificates for all known minor
children, or a record reflecting worker's incompetency.
(c) The proposed recipient shall provide a
copy of a driver's license or other state issued identification at the
hearing.
(d) When it is in the best
interests of the minor child or incompetent worker, the director may designate
a recipient who does not have care, custody, and control of a minor or
incompetent worker.
(e) When it is
in the best interests of a minor child or incompetent worker, the director may
designate a professional or corporate recipient for a minor or incompetent
worker. The employer shall pay reasonable administrative fees requested by the
alternative recipient and approved by the director.
(f) As a condition of appointment, the
recipient must agree to manage and protect benefit payments for the benefit of
the minor child or incompetent worker.
(g) A minor child who has reached the age of
16 may apply to the director to receive benefit payments directly.
(3) Accounting of benefits.
(a) The director may require an accounting of
how benefits were used on behalf of a minor child or incompetent worker. Unless
otherwise ordered by the director, accountings shall be submitted on the
approved form and shall be submitted quarterly for the first year and annually
thereafter.
(b) The director may
suspend benefit payments, in whole or in part, for failure to provide the
ordered accounting of benefits or failure to comply with any other condition
placed on the recipient.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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