HOUSE BILL 430

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Emily Kane

AN ACT

RELATING TO WORKERS' COMPENSATION; PROVIDING FOR EVALUATION OF NEW EDITIONS OF GUIDES; CREATING AN ADVISORY COMMITTEE.

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

     SECTION 1. Section 52-1-24 NMSA 1978 (being Laws 1987, Chapter 235, Section 10, as amended) is amended to read:

     "52-l-24. IMPAIRMENT--DEFINITION.--As used in the Workers' Compensation Act:

          A. "impairment" means an anatomical or functional abnormality existing after the date of maximum medical improvement as determined by a medically or scientifically demonstrable finding and based upon the most recent edition of the American medical association's [guide] guides to the evaluation of permanent impairment or comparable publications of the American medical association as approved by the advisory committee established pursuant to Section 2 of this 2013 act. Impairment includes physical impairment, primary mental impairment and secondary mental impairment;

          B. "primary mental impairment" means a mental illness arising from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and consists of a psychologically traumatic event that is generally outside of a worker's usual experience and would evoke significant symptoms of distress in a worker in similar circumstances, but is not an event in connection with disciplinary, corrective or job evaluation action or cessation of the worker's employment; and

          C. "secondary mental impairment" means a mental illness resulting from a physical impairment caused by an accidental injury arising out of and in the course of employment."

     SECTION 2. A new section of the Workers' Compensation Act is enacted to read:

     "[NEW MATERIAL] EVALUATION OF GUIDES--ADVISORY COMMITTEE.--

          A. An advisory committee, the members of which shall be chosen by the director of the workers' compensation administration, shall review all new editions of the American medical association's guides to the evaluation of permanent impairment and make recommendations to the director regarding whether to approve and adopt the new edition for use in workers' compensation cases before the administration. Based on the recommendations of that advisory committee, the director shall decide whether to adopt the new edition for use in workers' compensation cases before the administration. Until the director makes a decision on adopting the new edition of the American medical association's guides to the evaluation of permanent impairment and the administration adopts the new edition, the previously approved edition of the American medical association's guides to the evaluation of permanent impairment shall remain in effect.

          B. The advisory committee established pursuant to Subsection A of this section shall include at least the following persons:

                (1) a doctor licensed in New Mexico who regularly treats injured workers and has experience using guides published by the American medical association;

                (2) a representative of employers;

                (3) a representative of workers' compensation insurers;

                (4) a representative of workers' unions;

                (5) an attorney who regularly represents employers or workers' compensation insurers before the administration; and

                (6) an attorney who regularly represents workers before the administration."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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