46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO DISABILITIES; AMENDING A DEFINITION IN THE WORKERS' COMPENSATION ACT.

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

Section 1. Section 52-1-25 NMSA 1978 (being Laws 1987, Chapter 235, Section 11, as amended) is amended to read:

"52-1-25. PERMANENT TOTAL DISABILITY.--

A. As used in the Workers' Compensation Act, "permanent total disability" means:

(1) the permanent and total loss or loss of use of both hands or both arms or both feet or both legs or both eyes or any two of them; and

(2) a brain injury that results in a permanent impairment of at least thirty percent or more as determined by the American medical association guide to the evaluation of permanent impairment or a score of fifty or below as determined by the global assessment of functioning scale within the most recent edition of the American psychiatric association's diagnostic and statistical manual of mental disorders.

B. In considering a claim for total disability, a workers' compensation judge shall not receive or consider the testimony of a vocational rehabilitation provider offered for the purpose of determining the existence or extent of disability."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.