A. There is created in the workers’ compensation administration an “enforcement bureau”.

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Terms Used In New Mexico Statutes 52-5-1.3

  • Fraud: Intentional deception resulting in injury to another.

B. The enforcement bureau shall investigate to determine whether any fraudulent conduct relating to workers’ compensation is being practiced. The enforcement bureau shall refer to an appropriate law enforcement agency any finding of fraud. For any claim pending in the administration, the enforcement bureau shall also bring its findings to the attention of the workers’ compensation judge assigned to that claim.

C. For the purposes of this section, “fraud” includes the intentional misrepresentation of a material fact resulting in workers’ compensation or occupational disablement coverage, the payment or withholding of benefits or an attempt to obtain or withhold benefits. The intentional misrepresentation of a material fact may occur through the conduct, practices, omissions or representations of any person. Any person found guilty of committing fraud shall be sentenced pursuant to the provisions of section 30-16-6 N.M. Stat. Ann. and the provisions of the Criminal Sentencing Act [N.M. Stat. Ann. Chapter 31, Article 18].