A. It is the duty of the worker at the time of the worker's employment or thereafter at the request of the employer to submit to examination by a physician or surgeon duly authorized to practice medicine in the state, or by a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, who shall be paid by the employer, for the purpose of determining the worker's physical condition.

B. It is also the duty of the worker, if required, to give the names, addresses, relationship and degree of dependency of the worker's dependents, if any, or any subsequent change thereof to the employer, and when the employer or the employer's insurance carrier requires, the worker shall make a detailed verified statement relating to such dependents, matters of employment and other information incident thereto.

C. It is also the duty of the worker, if requested by the employer or the employer's insurance carrier, to make a detailed verified statement as part of an application for employment disclosing specifically any preexisting permanent physical impairment.

History: Laws 1929, ch. 113, § 23; C.S. 1929, § 156-123; 1941 Comp., § 57-924; 1953 Comp., § 59-10-24; 1987, ch. 235, § 25; 2015, ch. 116, § 14.

The 2015 amendment, effective June 19, 2015, amended the Worker's Compensation Act provision, relating to physical examinations of workers, to include other health care professionals with each reference to "physician"; in Subsection A, after "the time of", deleted "his" and added "the worker's", after "the employer to submit", deleted "himself", after "medicine in the state", added "or by a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", and after "determining", deleted "his" and added "the worker's"; in Subsection B, after "degree of dependency of", deleted "his" and added "the worker's", after "the employer or", deleted "his" and added "the employer's"; and in Subsection C, after "by the employer or", deleted "his" and added "the employer's", after "disclosing specifically any", deleted "pre-existing" and added "preexisting", and after "physical impairment", deleted "as that term is defined in Section 52-2-6 NMSA 1978".

Temporary provisions. — Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 504 to 506, 595.