LegalFix
Sign In

Section 52-3-11 - Last employer liable; exception.

NM Stat § 52-3-11 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of employment resulting in such disease, provided that in the case of silicosis or asbestosis the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust or asbestos dust during a period of sixty days or more.

History: 1941 Comp., § 57-1111, enacted by Laws 1945, ch. 135, § 11; 1953 Comp., § 59-11-11.

Where radiation injury under penultimate employer was tremendous and under present employer was little, because any amount was injurious, the last (present) employer is liable under this section because all that is required of the last injurious exposure is that it be injurious. McCormick v. United Nuclear Corp., 1976-NMCA-106, 89 N.M. 740, 557 P.2d 589, cert. denied, 90 N.M. 8, 558 P.2d 620.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 326, 327.

99 C.J.S. Workmen's Compensation § 169.

Previous Section
Section 52-3-10 - Employer liability for compensation; conditions when no payment to be made.
Next Section
Section 52-3-12 - Not applicable in certain cases.