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.169190.2

SENATE MEMORIAL 73

48

TH

LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Carroll H. Leavell

A MEMORIAL

REQUESTING A REVIEW AND RECONSIDERATION OF "LOSS OF USE"

COMPENSATION UNDER THE WORKERS' COMPENSATION ACT.

WHEREAS, the current law assigning a fixed time period to

a schedule of benefits under the Workers' Compensation Act is

very specific; and

WHEREAS, the compensation for loss of use of a body part

is not always considered in the assignment of impairment; and

WHEREAS, such assignment of impairment should be based

consistently upon the most recent edition of the American

medical association's Guides to the Evaluation of Permanent

Impairment; and

WHEREAS, the loss of use may be considered in the

evaluation in awarding benefits, but there currently is a lack

of objective criteria for such evaluation;

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.169190.2

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE

OF NEW MEXICO that the director of the workers' compensation

administration be requested to appoint and convene a task force

to review the current law and valuation of "loss of use" of

various parts of the body; and

BE IT FURTHER RESOLVED that the task force include

representatives of labor, business, the insurance industry and

workers' compensation attorneys; and

BE IT FURTHER RESOLVED that the task force report to an

appropriate interim committee of the legislature by November

2007; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the director of the workers' compensation

administration, the advisory council on workers' compensation,

the superintendent of insurance, the state bar association and

the New Mexico trial lawyers association.

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