HB 132 — POLICE OFFICER WORKERS COMP CONDITIONS

HOUSE BILL 132 57TH LEGISLATURE-LEGISLATURE STATE-STATEOFNEWMEXICO- OF NEW MEXICO - SECOND SESSION, 2026 INTRODUCED BY Cynthia Borrego and Marian Matthews and Nicole Chavez and Andrea Reeb and Luis M.

Terrazas 7 9 AN ACT RELATING TO WORKERS' COMPENSATION;

PROVIDING FOR A LIST OF CONDITIONS PRESUMED TO BE PROXIMATELY CAUSED BY EMPLOYMENT AS A POLICE OFFICER.

15 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 e t 17 to read:

w l n d 18 "52-3-32.2.

[NEW MATERIAL] POLICE OFFICER OCCUPATIONAL = = 19 a l CONDITIONS.-- i a e r 20 A.

As used in this section:

a t m m 21 (1) "duty belt" means a belt used for the d r e 22 purpose of holding a gun, handcuffs, a baton and other items c e s k 23 related to law enforcement;

and e a n b 24 (2) "police officer" means a commissioned u [ employee of a law enforcement agency that is part of or .233218.1 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 e t 17 is presumed to be proximately caused by employment as a police w l n d 18 officer:

= = 19 a l (1) posttraumatic stress disorder diagnosed by i a e r 20 a physician or psychologist that results in physical a t m m 21 impairment, primary or secondary mental impairment or death d r e 22 after twenty years if hired on or before June 30, 2013 and c e s k 23 twenty-five years if hired on or after July 1, 2013;

e a n b 24 (2) back pain due to wearing a duty belt as a u [ condition of employment after twenty years if hired on or .233218.1 - 2 - 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 e t 17 employer's workers' compensation insurance provider shall be w l n d 18 reimbursed for health care costs by the medical or health = = 19 a l insurance plan or benefit provided for the police officer by i a e r 20 the employer." a t m m 21 - 3 - d r e 22 c e s k 23 e a n b 24 u [ .233218.1