SENATE BILL 385

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

INTRODUCED BY

Clemente Sanchez

AN ACT

RELATING TO WORKERS' COMPENSATION; AMENDING A SECTION OF THE WORKERS' COMPENSATION ACT TO PROVIDE FOR FAIR PAYMENT OF PERMANENT PARTIAL DISABILITY MODIFIERS.

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

     SECTION 1. Section 52-1-26 NMSA 1978 (being Laws 1987, Chapter 235, Section 12, as amended) is amended to read:

     "52-1-26. PERMANENT PARTIAL DISABILITY.--

          A. As a guide to the interpretation and application of this section, the policy and intent of this legislature is declared to be that every person who suffers a compensable injury with resulting permanent partial disability should be provided with the opportunity to return to gainful employment as soon as possible with minimal dependence on compensation awards.

          B. As used in the Workers' Compensation Act, "partial disability" means a condition whereby a worker, by reason of injury arising out of and in the course of employment, suffers a permanent impairment.

          C. Permanent partial disability shall be determined by calculating the worker's impairment as modified by [his] the worker's age, education and physical capacity, pursuant to Sections 52-1-26.1 through 52-1-26.4 NMSA 1978; provided that, regardless of the actual calculation of impairment as modified by the worker's age, education and physical capacity, the percentage of disability awarded shall not exceed ninety-nine percent.

          D. If, on or after the date of maximum medical improvement, an injured worker returns to work at a wage equal to or greater than the worker's pre-injury wage, the worker's permanent partial disability rating shall be equal to [his] the worker's impairment and shall not be subject to the modifications calculated pursuant to Sections 52-1-26.1 through

52-1-26.4 NMSA l978. If, on or after the date of maximum medical improvement, an injured worker returns to work at a wage less than the worker's pre-injury wage, the sum of the worker's weekly disability benefit modifiers as calculated pursuant to Sections 52-1-26.1 through 52-1-26.4 NMSA 1978 plus the worker's post-maximum medical improvement weekly wages shall not exceed the worker's pre-injury average weekly wage as defined in Section 52-1-20 NMSA 1978.

          E. In considering a claim for permanent partial disability, a workers' compensation judge shall not receive or consider the testimony of a vocational rehabilitation provider offered for the purpose of determining the existence or extent of disability."

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