A. Compensation orders are reviewable subject to the conditions stated in this section upon application of any party in interest in accordance with the procedures relating to hearings. The workers’ compensation judge, after a hearing, may issue a compensation order to terminate, continue, reinstate, increase, decrease or otherwise properly affect compensation benefits provided by the Workers’ Compensation Act [N.M. Stat. Ann. Chapter 52, Article 1] or the New Mexico Occupational Disease Disablement Law [52-3-1 N.M. Stat. Ann.] or in any other respect, consistent with those acts, modify any previous decision, award or action.

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Terms Used In New Mexico Statutes 52-5-9

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.

B. A review may be obtained upon application of a party in interest filed with the director at any time within two years after the date of the last payment or the denial of benefits upon the following grounds:

(1)     change in condition;

(2)     mistake, inadvertence, surprise or excusable neglect; (3)     clerical error or mistake in mathematical calculations;

(4)     newly discovered evidence which by due diligence could not have been discovered prior to the issuance of the compensation order;

(5)     fraud, misrepresentation or other misconduct of an adverse party; (6)     the compensation order is void; or

(7)     the compensation order has been satisfied, released or discharged or a prior order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application.