The term "employee" or "worker" as used in the New Mexico Occupational Disease Disablement Law means:
A. every person in the service of the state and of a county, municipality or school district, including the regular members of lawfully constituted police and fire departments of municipalities;
B. every person in the service of any employer subject to the New Mexico Occupational Disease Disablement Law including aliens and minors legally or illegally permitted to work for hire, but not including a person whose employment is casual and is not in the usual course of the trade, business or occupation of the employer and not including ranching or agricultural workers and domestic servants of employers exempt under Section 52-3-2 NMSA 1978 unless the employer shall so elect; and
C. lessees of mining property and their employees who are engaged in the performance of work that is a part of the business conducted by the lessor and over whose work the lessor retains supervision or control are within the meaning of this section employees of such lessor.
History: 1941 Comp., § 57-1103, enacted by Laws 1945, ch. 135, § 3; 1953 Comp., § 59-11-3; Laws 1975, ch. 317, § 2; 1990 (2nd S.S.), ch. 2, § 33.
The 1990 (2nd S.S.) amendment, effective January 1, 1991, inserted "or worker" in the introductory undesignated paragraph; substituted "municipality" for "city, town, municipal corporation" and "municipalities" for "cities and towns" in Subsection A; substituted "52-3-2 NMSA 1978" for "59-11-2 NMSA 1953" in Subsection B; and substituted "that" for "which" in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 255, 256, 257.
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