HOUSE BILL 493

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO WORKERS' COMPENSATION; DISALLOWING WORKERS' COMPENSATION BENEFITS TO INCARCERATED INJURED WORKERS.

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

     Section 1. Section 52-1-25.1 NMSA 1978 (being Laws 1990 (2nd S.S.), Chapter 2, Section 10, as amended) is amended to read:

     "52-1-25.1. TEMPORARY TOTAL DISABILITY--RETURN TO WORK.--

          A. As used in the Workers' Compensation Act, "temporary total disability" means the inability of a worker, by reason of accidental injury arising out of and in the course of the worker's employment, to perform the duties of that employment prior to the date of the worker's maximum medical improvement.

          B. If, prior to the date of maximum medical improvement, an injured worker's health care provider releases the worker to return to work, the worker is not entitled to temporary total disability benefits if:

                (1) the employer offers work at the worker's pre-injury wage; or

                (2) the worker accepts employment with another employer at the worker's pre-injury wage.

          C. If, prior to the date of maximum medical improvement, an injured worker is in a correctional facility or detention center as a result of a criminal conviction, the injured worker shall not be entitled to workers' compensation benefits for the period of incarceration.

          [C.] D. If, prior to the date of maximum medical improvement, an injured worker's health care provider releases the worker to return to work and the employer offers work at less than the worker's pre-injury wage, the worker is disabled and shall receive temporary total disability compensation benefits equal to two-thirds of the difference between the worker's pre-injury wage and the worker's post-injury wage.

          [D.] E. If the worker returns to work pursuant to the provisions of Subsection B of this section, the employer shall continue to provide reasonable and necessary medical care pursuant to Section 52-1-49 NMSA l978."

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