New Mexico Statutes 52-1-38. Judgment; provisions; execution; subrogation; contempts
A. All judgments based upon a supplementary compensation order pursuant to Section 52-5-10 N.M. Stat. Ann. shall be against the defendants and each of them for the amount then due and shall also contain an order upon the defendants for the payment to the worker, at regular intervals during the continuance of his disability, the further amounts he is entitled to receive. The judgment shall be so framed as to accomplish the purpose and intent of the Workers’ Compensation Act in all particulars. In addition to executions for any amount already due in the judgment, executions for amounts to become due in the future shall be issued by the clerk of the court at any time after the time provided in the judgment for the payment thereof if the worker files his affidavit with the clerk that the same is unpaid and that his disability still continues; provided, however, if application is made for a physical examination of the worker under section 52-1-51 N.M. Stat. Ann., issuance of execution shall await the further order of a workers’ compensation judge.
Terms Used In New Mexico Statutes 52-1-38
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
B. All judgments and executions based upon a supplementary compensation order pursuant to Section 52-5-10 N.M. Stat. Ann. issued in workers’ compensation cases shall be governed by the laws of this state with respect to judgments or executions in civil cases and shall have the same force and effect.
C. When a judgment or execution based upon a supplementary compensation order pursuant to Section 52-5-10 N.M. Stat. Ann. is paid or satisfied by a defendant who has an agreement that the judgment or execution should have been paid or satisfied by another party as insurer, guarantor, surety or otherwise, the defendant is entitled to judgment over against the party in the same case. Application for judgment shall be made within ninety days after judgment is paid or execution satisfied. Notice shall be given to the party against whom judgment over is sought, and the application shall be heard according to the procedures for notice and hearing of motions in other civil actions.
D. In any case where the employer has failed to file the undertaking or certificate required by Section 52-1-4 N.M. Stat. Ann., the court has power to enforce compliance with any judgment or order granted in a case against the employer by proceedings in contempt against a party failing or refusing to comply.