SENATE BILL 153
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Carroll H. Leavell
AN ACT
RELATING TO WORKERS' COMPENSATION; LIMITING THE SOURCE OF CALCULATIONS FOR IMPAIRMENTS TO THE MOST RECENT EDITION OF AMERICAN MEDICAL ASSOCIATION GUIDELINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 52-1-43 NMSA 1978 (being Laws 1987, Chapter 235, Section 18, as amended) is amended to read:
"52-1-43. COMPENSATION BENEFITS--INJURY TO SPECIFIC BODY MEMBERS.--
A. For disability resulting from an accidental injury to specific body members, including the loss or loss of use thereof, the worker shall receive the weekly maximum and minimum compensation for disability as provided in Section 52-1-41 NMSA 1978, for the following periods:
Injury Compensation Benefits
Number of Weeks
(1) one arm at or near shoulder, dextrous
member. . . . . . . . . . . . . . . . . . . . . 200 weeks
(2) one arm at elbow, dextrous member. . . . . . . .160 weeks
(3) one arm between wrist at elbow, dextrous
member. . . . . . . . . . . . . . . . . . . . . 150 weeks
(4) one arm at or near shoulder, nondextrous
member. . . . . . . . . . . . . . . . . . . . . 175 weeks
(5) one arm at elbow, nondextrous member. . . . . . 155 weeks
(6) one arm between wrist and elbow, nondextrous
member. . . . . . . . . . . . . . . . . . . . . 140 weeks
(7) one hand, dextrous member. . . . . . . . . . . .125 weeks
(8) one hand, nondextrous member. . . . . . . . . . 110 weeks
(9) one thumb and the metacarpal bone thereof. . . . 55 weeks
(10) one thumb at the proximal joint. . . . . . . . . 34 weeks
(11) one thumb at the second distal joint. . . . . . .22 weeks
(12) one first finger and the metacarpal bone
thereof. . . . . . . . . . . . . . . . . . . . . 28 weeks
(13) one first finger at the proximal joint. . . . . .22 weeks
(14) one first finger at the second joint. . . . . . .17 weeks
(15) one first finger at the distal joint. . . . . . .12 weeks
(16) one second finger and the metacarpal bone
thereof. . . . . . . . . . . . . . . . . . . . . 22 weeks
(17) one second finger at the proximal joint. . . . . 17 weeks
(18) one second finger at the second joint. . . . . . 12 weeks
(19) one second finger at the distal joint. . . . . . 10 weeks
(20) one third finger and the metacarpal bone
thereof. . . . . . . . . . . . . . . . . . . . . 17 weeks
(21) one third finger at the proximal joint. . . . . .12 weeks
(22) one third finger at the second joint. . . . . . .10 weeks
(23) one third finger at the distal joint. . . . . . .10 weeks
(24) one fourth finger and the metacarpal bone
thereof. . . . . . . . . . . . . . . . . . . . . 14 weeks
(25) one fourth finger at the proximal joint. . . . . 14 weeks
(26) one fourth finger at the second joint. . . . . . 10 weeks
(27) one fourth finger at the distal joint. . . . . . .7 weeks
(28) loss of all fingers on one hand where thumb and
palm remain. . . . . . . . . . . . . . . . . . .70 weeks
(29) one leg at or near hip joint, so as to preclude
the use of an artificial limb. . . . . . . . . .200 weeks
(30) one leg at or above the knee, where stump remains
sufficient to permit the use of an artificial
limb. . . . . . . . . . . . . . . . . . . . . .150 weeks
(31) one leg between knee and ankle. . . . . . . . . 130 weeks
(32) one foot at the ankle. . . . . . . . . . . . . .115 weeks
(33) one great toe with the metatarsal bone
thereof. . . . . . . . . . . . . . . . . . . . . 35 weeks
(34) one great toe at the proximal joint. . . . . . . 17 weeks
(35) one great toe at the second joint. . . . . . . . 12 weeks
(36) one toe other than the great toe with the metatarsal
bone thereof. . . . . . . . . . . . . . . . . . 14 weeks
(37) one toe other than the great toe at the proximal
joint. . . . . . . . . . . . . . . . . . . . . .10 weeks
(38) one toe other than the great toe at second or
distal joint. . . . . . . . . . . . . . . . . . .8 weeks
(39) loss of all toes on one foot at proximal joint. .40 weeks
(40) eye by enucleation. . . . . . . . . . . . . . . 130 weeks
(41) total blindness of one eye. . . . . . . . . . . 120 weeks
(42) total deafness in one ear. . . . . . . . . . . . 40 weeks
(43) total deafness in both ears. . . . . . . . . . 150 weeks.
B. For a partial loss of use of one of the body members or physical functions listed in Subsection A of this section, the worker shall receive compensation computed on the basis of the degree of such partial loss of use, payable for the number of weeks applicable to total loss or loss of use of that body member or physical function. The compensation shall be based only upon the most recent edition of the American medical association's Guides to the Evaluation of Permanent Impairment as determined by the treating health care provider.
C. In cases of actual amputation of the arm or leg, the workers' compensation judge in [his] the judge's discretion may award compensation benefits in excess of those provided in Subsection A of this section if there is substantial evidence to support a finding that, because of the worker's advanced age, lack of education or lack of training, [he] the worker has in fact a partial disability [which] that will disable [him] the worker longer than the time specified in the schedule in Subsection A of this section. The additional compensation period may not in any event exceed twice the time specified in the schedule in Subsection A of this section for such injury.
D. In determining the [worker's] workers' compensation benefits payable to a worker under this section for a disability resulting from a scheduled injury, the worker is entitled to be compensated as provided in Subsection A of this section up to the date the worker is released from regular treatment by [his] the worker's primary treating health care provider, as defined in Section 52-4-1 NMSA 1978, if [he] the worker is in fact totally disabled during that time. Any compensation paid up to that date shall be in addition to the compensation allowed under Subsection A of this section, but in no event shall any worker be entitled to compensation for a period in excess of seven hundred weeks."
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