Farm and ranch worker’s comp addressed

Farm and ranch worker’s comp addressed Clovis News Journal By Brittney Cannon Since the New Mexico Court of Appeals ruled the exclusion of farm and ranch laborers from workman’s compensation unconstitutional, area farmers and ranchers have had concerns on how the ruling will impact their expenses. Rachel Bayless, Worker’s Compensation Administration’s general counsel, came to Clovis Thursday night as part of a statewide tour to educate agricultural employers about the law’s change and address employer concerns. “I think there’s frustration as well as confusion in the agricultural community because it is a change in the law, and it’s not a law that most farmers and ranchers have had to comply with since 1937,” Bayless said. Most of the questions and concerns Thursday night dealt with compliance and retroactive injury claims through March 2012, she said. Bayless said the court of appeals determined “that as of March 30, 2012 employers that have three or more workers were required to have coverage under the workman’s compensation act.” “No insurance company will retroactively issue coverage, so farmers and ranchers are concerned about what happens if they had someone (who suffered what) the act would call a workplace injury in that timeframe,” Bayless explained. Bayless said it was a difficult question. “It could depend on if they had a worker who had an accident and didn’t report it until now, because they thought they couldn’t report it then,” she said. “It’s hard to predict.” Other concerns she’s heard at a majority of meetings are whether families and neighbors working on the farms and ranches also fall under workman’s compensation rule. “It just depends on the unique facts involved in the case as to whether they get counted,” she said. Walter Bradley, the director of government and business relations for the Dairy Farmers of America, was unable to attend the meeting Thursday night, but said area farmers and ranchers filed an appeal to the ruling on July 22. Bradley said the New Mexico Supreme Court accepted the motion for the appeal on Sept. 28, and now those involved are waiting for a court date to be set. “We disagree with (the ruling),” Bradley said. “It was appealed twice and upheld by the (New Mexico) Supreme Court on those two occasions. The Supreme Court agreed enough to say they would hear both of the issues. They didn’t give an opinion yet, but at least they agreed to hear the case.” Bradley explained that the decision, as it stands now, could be costly to the agriculture industry in New Mexico, and added that they’ve received quotes that accommodating all farm hands could increase payroll anywhere from 10 to 23 percent. “These are huge increases on an industry that can’t control their prices,” Bradley said. “The government controls the price of food; we can’t just pass this on. When you throw these different increases on top, it puts you in a negative impact.” Bradley added that farm hands weren’t receiving medical care before the change in workman’s compensation laws. Farmers, he said, are liable for medical expenses for any injuries that happen at their facilities. “It’s not like workers are not being taken care of, because they are,” he said. “They’re taken care of under medical programs, (just) not workman’s compensation.” Bradley said Texas has an opt-out program that “basically does what we’re doing.” “It allows you to not buy worker’s compensation, but you’re still liable for medical expenses and time off, which is what we do,” he explained. “But what the (change in workman’s compensation laws) would do is force everyone into worker’s compensation benefit with no options.” Bradley said the rates to purchase workman’s compensation in New Mexico “are very high,” and coupled with the Affordable Care Act, being able to afford medical expenses and workman’s compensation plans for farm hands could be difficult. “It’s out of control,” he said . Bayless said if anyone has any questions or concerns about insurance provisions to contact the Employer of Compliance Bureau Chief Peggy Tafoya at 505-841-6000, and for questions about rights and responsibilities under the Workman’s Compensation Act to call an ombudsman at 1-866-967-5667.