N.M. Stat. » N.M. Stat. / Chapter 52 / Article 5
New Mexico Statutes

N.M. Stat. § 52-5-1.3 (2026)

Enforcement bureau.

✓ current as of May 2026
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A. There is created in the workers' compensation administration an "enforcement
bureau".

    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 NMSA 1978 and the provisions of the Criminal Sentencing Act [Chapter 31,
Article 18 NMSA 1978].

History: Laws 1990 (2nd S.S.), ch. 2, § 63; 2013, ch. 134, § 5.

                                    ANNOTATIONS

The 2013 amendment, effective July 1, 2013, replaced the safety and fraud division of
the worker’s compensation administration with an enforcement bureau; in the title,
deleted "safety and fraud division" and added "enforcement bureau"; in Subsections A
and B, deleted "safety and fraud division" and added "enforcement bureau"; deleted
former Subsection B, which required the safety and fraud division to develop a program
to identify extra-hazardous employers; deleted former Subsection C, which required
extra-hazardous employers to obtain a safety consultation from the safety and fraud
division; and deleted former Subsection D, which required extra-hazardous employers
to formulate an accident prevention plan.

Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev.
845 (1992).
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1999–2023 · leading case: Sjostrand v. North Dakota Workers Comp. Bureau, 2002 ND 125 (N.D. 2002).
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Sjostrand v. North Dakota Workers Comp. Bureau, 2002 ND 125 (N.D. 2002). · cites it 2× “" NMSA 1978, § 52-5-1.3(F) (1990). This is not unlike the definition of fraud New Mexico courts have applied in other contexts.”
Varbel v. Sandia Auto Elec., 988 P.2d 317 (N.M. Ct. App. 1999). · cites it 2× “{17} The Act defines “fraud” as “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.”
Lewis v. Am. Gen. Media, 2015 NMCA 090 (N.M. Ct. App. 2015). · cites it 2× “See NMSA 1978, § 52-10-1(A) 4 (1990) (requiring that a health care provider release to an employer or employer’s 5 insurer, upon request, medical bills related to medical care service provided to a 6 worker); see also NMSA 1978, § 52-5-1.3 (2013) (requiring the Workers’ 7…”
Lewis v. Am. Gen. Media, 2015 NMCA 90 (N.M. Ct. App. 2015). · cites it 2× “See NMSA 1978, § 52-10-1(A) (1990) (requiring that a health care provider release to an employer or employer’s insurer, upon request, medical bills related to medical care service provided to a worker); see also NMSA 1978, § 52-5-1.3 (2013) (requiring the Workers’ Compensation…”
Lay v. CC Jones Trucking (N.M. Ct. App. 2023). · cites it 2× “See NMSA 1978, § 52-5-1.3(B) (2013); see also 11.”
— N.M. Stat. § 52-5-1.3(B) — 1 case
Lay v. CC Jones Trucking (N.M. Ct. App. 2023). “See NMSA 1978, § 52-5-1.3(B) (2013); see also 11.”
— N.M. Stat. § 52-5-1.3(F) — 2 cases
Sjostrand v. North Dakota Workers Comp. Bureau, 2002 ND 125 (N.D. 2002). “" NMSA 1978, § 52-5-1.3(F) (1990). This is not unlike the definition of fraud New Mexico courts have applied in other contexts.”
Varbel v. Sandia Auto Elec., 988 P.2d 317 (N.M. Ct. App. 1999). “{17} The Act defines “fraud” as “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.”
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