New Mexico § 52-1-26 - Permanent partial disability

§ 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 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. On or after the date of maximum medical improvement, the worker's permanent partial

disability rating shall be equal to 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 1978 if: (1) the worker returns to work at a wage at or above the worker's pre-injury wage; (2) the worker accepts employment with another employer at or above the worker's pre-injury

wage; (3) the employer makes a reasonable work offer, at or above the worker's pre-injury

wage, within medical restrictions, if any, as stated by the health care provider pursuant

to Section 52-1-49 NMSA 1978 , and the worker rejects the offered employment; or (4) the worker is terminated for misconduct connected with the employment that is

unrelated to the workplace accident; if the workers' compensation judge finds that

an employer terminates the worker for pretextual reasons to avoid payment of benefits

to the worker or as retaliation against the worker for seeking benefits, the worker

shall be entitled to modifier benefits and the employer shall be subject to penalties

as set forth in Sections 52-1-28.1 and 52-1-28.2 NMSA 1978 . E. Upon a finding that an employer has terminated a worker for pretextual reasons,

the workers' compensation judge at the judge's discretion may also impose an additional

fine, not to exceed ten thousand dollars ($10,000), on the employer, to be paid to

the worker. F. 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. G. If there is a dispute between the parties regarding the reasonableness of the employer's

work offer or the worker's refusal to return to work, the workers' compensation judge

shall decide if the work offer or the worker's refusal to return to work is reasonable

based on all of the circumstances.