POLICE OFFICER WORKERS COMP CONDITIONS

HB0132

HOUSE BILL 132

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Cynthia Borrego
and
Marian Matthews
and
Nicole Chavez

and
Andrea Reeb
and
Luis M. Terrazas

AN ACT

RELATING TO WORKERS' COMPENSATION; PROVIDING FOR A LIST OF
CONDITIONS PRESUMED TO BE PROXIMATELY CAUSED BY EMPLOYMENT AS A
POLICE OFFICER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new Section 52-3-32.2 NMSA 1978 is enacted
to read:

"52-3-32.2. [
NEW MATERIAL
] POLICE OFFICER OCCUPATIONAL
CONDITIONS.--

A. As used in this section:

(1) "duty belt" means a belt used for the
purpose of holding a gun, handcuffs, a baton and other items
related to law enforcement; and

(2) "police officer" means a commissioned
employee of a law enforcement agency that is part of or
administered by the state or a political subdivision of the
state who is responsible for the prevention and detection of
crime or the enforcement of the penal, traffic or highway laws
of this state and includes:

(a) an employee of a missile range
civilian police department who is a graduate of a recognized
certified regional law enforcement training facility and who is
currently certifiable by the New Mexico law enforcement
academy; and

(b) a sheriff and a deputy sheriff.

B. If a police officer is diagnosed with one or
more of the following conditions after the period of employment
indicated and the condition was not revealed during an initial
employment medical screening examination or during a subsequent
medical review pursuant to the Occupational Health and Safety
Act and rules promulgated pursuant to that act, the condition
is presumed to be proximately caused by employment as a police
officer:

(1) posttraumatic stress disorder diagnosed by
a physician or psychologist that results in physical
impairment, primary or secondary mental impairment or death
after twenty years if hired on or before June 30, 2013 and
twenty-five years if hired on or after July 1, 2013;

(2) back pain due to wearing a duty belt as a
condition of employment after twenty years if hired on or
before June 30, 2013 and twenty-five years if hired on or after
July 1, 2013; and

(3) heart issues after twenty years if hired
on or before June 30, 2013 and twenty-five years if hired on or
after July 1, 2013.

C. The presumptions created in this section may be
rebutted by a preponderance of evidence in a court of competent
jurisdiction showing that the police officer engaged in conduct
or activities outside of employment that posed a significant
risk of contracting or developing a described condition.

D. Medical treatment based on the presumptions
created in this section shall be provided by an employer as for
a job-related condition or injury unless and until a court of
competent jurisdiction determines that the presumption does not
apply. If the court determines that the presumption does not
apply or that the condition or injury is not job related, the
employer's workers' compensation insurance provider shall be
reimbursed for health care costs by the medical or health
insurance plan or benefit provided for the police officer by
the employer."

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