The failure of any person entitled to benefits under the New Mexico Occupational Disease Disablement Law to give any notice or file any claim within the time fixed by that law shall not deprive the person of the right to benefits where the failure was caused in whole or in part by the conduct of the employer or insurer which reasonably led the person entitled to compensation to believe the benefits would be paid.
History: 1953 Comp., § 59-11-16.7, enacted by Laws 1965, ch. 299, § 12; 1986, ch. 22, § 61; 1989, ch. 263, § 56.
Cross references. — For effect of failure to give required notice or to file claim within time allowed, see 52-3-16 NMSA 1978.
For effect of failure of employee to file claim or bring suit by reason of conduct of employer, see 52-3-50 NMSA 1978.
Company closing office. — This section is not applicable where no evidence appears in the record that defendant company's conduct in closing the tunnel office without knowledge of any claim of plaintiff led plaintiff to believe his compensation would be paid. Sanchez v. Azotea Contractors, 1973-NMCA-039, 84 N.M. 764, 508 P.2d 34.
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