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

RELATING TO WORKERS' COMPENSATION; CHANGING THE MAXIMUM DURATION OF PARTIAL DISABILITY BENEFITS.

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

Section 1. Section 52-1-42 NMSA 1978 (being Laws 1959, Chapter 67, Section 21, as amended) is amended to read:

"52-l-42. COMPENSATION BENEFITS--PERMANENT PARTIAL DISABILITY--MAXIMUM DURATION OF BENEFITS.--

A. For permanent partial disability, the workers' compensation benefits [not specifically provided for in Section 52-l-43 NMSA l978] shall be a percentage of the weekly benefit payable for total disability as provided in Section 52-l-4l NMSA l978. The percentage of permanent partial disability shall be determined pursuant to the provisions of Sections 52-l-26 through 52-l-26.4 NMSA l978. The duration of partial disability benefits shall [depend upon the extent and nature of the partial disability, subject to the following:

(l) where the worker's percentage of disability is equal to or greater than eighty, the maximum period is seven hundred weeks;

(2) where the worker's percentage of disability is less than eighty, the maximum period is five hundred weeks;] be seven hundred weeks except:

[(3)] (1) where the partial disability results from a primary mental impairment, the maximum period is one hundred weeks; and

[(4)] (2) where the partial disability results from a secondary mental impairment, the maximum period is the maximum period allowable for the disability produced by the physical impairment or one hundred weeks, whichever is greater.

B. If an injured worker receives temporary total disability benefits prior to an award of partial disability benefits, the maximum period for partial disability benefits shall be reduced by the number of weeks the worker actually receives temporary total disability benefits."