New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 4 - WORKERS' COMPENSATION
Part 4 - CLAIMS RESOLUTION
Section 11.4.4.9 - FILING AND SERVICE
Universal Citation: 11 NM Admin Code 11.4.4.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. General provisions:
(1) WCA employees shall be
addressed in a courteous and respectful manner at all times.
(2) Unless otherwise stated or necessarily
implied in these rules, the rules of civil procedure for the district courts of
New Mexico shall apply to and govern all proceedings conducted pursuant to
these rules.
(3) Pleadings filed
with the WCA Clerk shall:
(a) include a
caption identifying the state of New Mexico workers' compensation
administration as the legal forum, the name of each party, a descriptive title
of the document, and the WCA case number if one has been assigned;
and
(b) contain a signature block
which includes the signature of the party in interest or party
representative(s) followed by the typewritten name(s), the mailing address,
telephone number with area code and email address.
(4) Duplicate or multiple copies of the same
pleading shall not be filed. Duplicate copies will not be docketed and may be
destroyed.
(5) Amended or
subsequent pleadings shall be clearly identified (e.g., "Second
Complaint").
(6) Pleadings shall
not be submitted to the clerk by facsimile transmission.
(7) Pleadings shall not be submitted with
cover letters or correspondence.
(8) Parties shall use the mandatory forms
available on the WCA website. Items on the mandatory forms may not be deleted,
but additional information may be provided at the end of the text. Mandatory
forms include:
(a) workers' compensation
complaint;
(b) summons for workers'
compensation complaint;
(c)
worker's authorization for use and disclosure of health records;
(d) informal response to workers'
compensation complaint;
(e) notice
of acceptance or rejection of recommended resolution;
(f) application to workers' compensation
judge;
(g) summons for application
to workers' compensation judge;
(h)
subpoena or subpoena duces tecum;
(i) request for setting;
(j) health care provider disagreement
form;
(k) petition for lump sum
payment;
(l) summons for petition
for lump sum payment;
(m) joint
request for expedited hearing;
(n)
application to director; and
(o)
summons for application to director.
(9) Filing of initial pleadings:
(a) The workers' compensation complaint shall
be filed with a summons and, if filed by a worker, with an executed
authorization to release the worker's medical information.
(b) The application to judge, application to
director, or petition for lump sum payment shall be filed with a request for
setting. A summons shall also be filed if no service of process has previously
occurred in the case.
(10) WCA clerk's review of submitted
pleadings:
(a) The clerk may reject pleadings
that do not conform to these rules. Rejected pleadings will not be filed and
will be destroyed.
(b) The clerk
shall promptly notify the filing party or party representative of a rejection
and the reason(s) for the rejection.
(c) The clerk's rejection of a pleading does
not extend or stay the period in which a pleading is due or otherwise delay an
applicable deadline.
(d) Reasons
for rejecting a pleading may include, but are not limited to:
(i) the caption, WCA number, or party
information is not correct;
(ii)
the pleading is unsigned;
(iii) the
document is incomplete or pages are missing;
(iv) the document is of such poor quality
making the content unreadable;
(v)
the pleading was not submitted on a mandatory form; and
(vi) initial pleadings to open or reopen the
case were not submitted.
B. Electronic Filing:
(1) Effective January 1, 2018, unless
exempted herein, all pleadings filed with the WCA shall be filed, served, and
received by electronic means through the electronic filing portal on the WCA
website.
(2) Electronic filing is
not mandatory for pro se workers or for uninsured employers; however, pro se
workers and uninsured employers are encouraged to register and use the WCA
electronic filing portal. It shall be the duty of all parties not participating
in electronic filing to keep the WCA clerk of the court informed of any change
in mailing address while they are a party to a proceeding pending before the
WCA.
(3) All insurers providing
workers' compensation coverage in New Mexico shall register with the WCA with a
single, general delivery, e-mail address for receipt of documents including
initial pleadings. Insurers shall promptly update the WCA on any changes to the
registered email address. Insurers shall confirm annually with the WCA, within
the first two weeks of a new calendar year, their mailing address, phone
number, and general delivery email address for service of documents.
Non-compliance with registration and updating requirements may result in a
referral for an administrative investigation and enforcement by the enforcement
bureau.
(4) All party
representatives, including attorneys and adjusters, shall register with the WCA
with a single, general delivery, e-mail address and thereby consent to receive
documents from other party representatives and the WCA at that address. Party
representatives shall promptly update the WCA on any changes to the registered
email address.
(5) Registered
parties shall be familiar and comply with the WCA electronic filing
requirements set forth in the WCA's electronic filing user guide available on
the WCA website.
(6) The WCA shall
not be responsible for inoperable email addresses, unread email, or
undeliverable emails.
(7) Pleadings
filed through the WCA electronic filing portal shall contain the electronic
signature of the party in interest or party representative denoted by either a
graphic version of the signature or an "s/" followed by signatory's typewritten
name.
(8) The date that a pleading
is filed through the WCA electronic filing portal is the filing date for the
purpose of filing deadlines. For purposes of electronic transmission, a day
begins at 12:01 a.m. and ends at midnight.
(9) Registered parties shall have access
through the WCA electronic filing portal to case documents after the final date
of disposition in accordance with WCA electronic storage capabilities. The
clerk shall provide paper copies of pleadings to parties and party
representatives upon receipt of a records request. The clerk shall charge a
reasonable fee for each copy requested. If the requested copies are mailed,
adequate postage for mailing must be paid to the clerk.
C. Service of process:
(1) Initial pleadings:
(a) The clerk shall serve initial pleadings
on a responding party. Service shall be accomplished through the WCA electronic
filing system for registered parties or by certified mail for pro se workers or
uninsured employers who have not registered to use the WCA electronic filing
system. When the clerk's attempt at service is unsuccessful, the clerk shall
notify the filing party using the e-mail address or postal address provided at
the time of filing. The filing party shall then be responsible for service on
the responding party.
(b) An
employer's insurer is the employer's registered agent for service of process of
an initial pleading. If an employer is uninsured, the initial pleading shall so
state and the clerk shall then serve the uninsured employer and the uninsured
employers' fund separately.
(2) All other pleadings:
(a) All pleadings generated by the WCA,
including but not limited to orders and notices, shall be electronically served
by the clerk except that the clerk shall serve all unregistered pro se workers
and uninsured employers by U.S. mail.
(b) The clerk shall serve notice of all other
filed pleadings on registered parties and the parties shall be responsible for
logging into the WCA electronic filing portal to access said
pleadings.
(c) Unregistered pro se
workers and uninsured employers shall be responsible for service on all parties
of record. Service on unregistered pro se workers and unregistered uninsured
employers shall be the responsibility of the filing party.
D. The clerk shall accept a notice of lien filed by the child support enforcement bureau of the New Mexico department of human services. The notice of lien shall state the worker's name and social security number, and the total dollar amount of the lien. The notice of lien shall include a copy of the district court order requiring the payment of child support by the worker.
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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