Section 52-1-28 - Compensable claims; proof. - New Mexico Statutes

52-1-28. Compensable claims; proof.

A.     Claims for workers' compensation shall be allowed only:   

(1)     when the worker has sustained an accidental injury arising out of and in the course of his employment;   

(2)     when the accident was reasonably incident to his employment; and   

(3)     when the disability is a natural and direct result of the accident.   

B.     In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by expert testimony of a health care provider, as defined in Section 52-4-1 NMSA 1978, testifying within the area of his expertise.