HOUSE MEMORIAL 83

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Pamelya Herndon

 

 

 

 

 

A MEMORIAL

REQUESTING THE WORKERS' COMPENSATION ADMINISTRATION TO CONVENE A TASK FORCE TO STUDY THE IMPACT AND EFFECT OF ATTORNEY FEES AND ATTORNEY FEE CAPS ON THE WORKERS' COMPENSATION SYSTEM IN NEW MEXICO.

 

     WHEREAS, workers are the backbone of state industry and commerce, and workers' compensation benefits are needed to compensate workers injured on the job and to enable them to return to work; and

     WHEREAS, legal representation for workers and employers is critical to the effective functioning of the workers' compensation system; and

     WHEREAS, the stakeholders' and the workers' compensation administration's access to information regarding the impact and effect of attorney fees and attorney fee caps on worker representation, the quick and efficient delivery of benefits to injured workers, the impact of insurance premiums and other information would be helpful to improving the workers' compensation system in New Mexico, which strives to balance the interests of the stakeholders;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the director of the New Mexico workers' compensation administration be requested to convene a task force by May 1, 2023 to complete the following:

          A. gather and study information related to workers' compensation attorney fees and attorney fee caps in New Mexico, including determining how many workers' compensation claims reach the attorney fee cap and the average attorney fees received per claim in New Mexico and determining the impact of attorney fee caps on the ability of claimants to obtain legal representation;

          B. identify issues and problems related to workers' attorney fees and attorney fee caps in New Mexico;

          C. make recommendations to resolve the issues and problems related to workers' attorney fees and attorney fee caps in New Mexico that the task force identifies; and

          D. any other work related to workers' attorney fees and attorney fee caps that the task force determines is important; and

     BE IT FURTHER RESOLVED that the task force consist of the following members, to be appointed by the director of the workers' compensation administration:

          A. the workers' compensation administration director's designee, if appropriate;

          B. four attorneys licensed to practice law in New Mexico with practices generally limited to workers' compensation claims, two representing workers and two representing employers and insurers;

          C. two employer representatives;

          D. two insurance representatives, one of whom shall be a representative from a group of self-insured individuals;

          E. two labor or union representatives; and

          F. two workers who have filed workers' compensation claims that have been resolved; and

     BE IT FURTHER RESOLVED that the task force be requested to present a report of its findings and recommendations to the advisory council on workers' compensation and occupational disease disablement by April 30, 2024; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the speaker of the house of representatives, the president pro tempore of the senate, the governor and the director of the workers' compensation administration.

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