New Mexico § 52-1-26.3 - Partial disability determination; education modification
Full text of New Mexico New Mexico Statutes Annotated § 52-1-26.3 — Partial disability determination; education modification, with citation guidance and answers to common questions.
§ 52-1-26.3. Partial disability determination; education modification
A. The range of the education modification is one to eight. The modification shall be based upon the worker's formal education, skills and training
at the time of the disability rating. B. A worker shall be awarded points based on the formal education that the worker
has received. A worker who: (1) has completed no higher than the fifth grade shall be awarded three points; (2) has completed the sixth grade but has completed no higher than the eleventh grade
shall be awarded two points; (3) has completed the twelfth grade or has obtained a high school equivalency credential
but has not completed a college degree shall be awarded one point; and (4) has completed a college degree or more shall receive zero points. C. A worker shall be awarded points based upon the worker's skills. Skills shall be measured by reviewing the jobs that the worker has successfully
performed during the ten years preceding the date of disability determination. For the purposes of this section, “ successfully performed ” means having remained on the job the length of time necessary to meet the specific
vocational preparation (SVP) time requirement for that job as established in the dictionary
of occupational titles published by the United States department of labor. The appropriate award of points shall be based upon the highest SVP level demonstrated
by the worker in the performance of the jobs that the worker has successfully performed
in the ten-year period preceding the date of disability determination, as follows: (1) a worker with an SVP of one to two shall be awarded four points; (2) a worker with an SVP of three to four shall be awarded three points; (3) a worker with an SVP of five to six shall be awarded two points; and (4) a worker with an SVP of seven to nine shall be awarded one point. D. A worker shall be awarded points based upon the training that the worker has received. A worker who cannot competently perform a specific vocational pursuit shall be awarded
one point. A worker who can perform a specific vocational pursuit shall not receive any points. E. The sum of the points awarded the worker in Subsections B, C and D of this section
shall constitute the education modification.
Frequently Asked Questions About New Mexico § 52-1-26.3
What does New Mexico Statutes Annotated § 52-1-26.3 cover?
Section 52-1-26.3 ("Partial disability determination; education modification") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 52-1-26.3?
A common citation format is "New Mexico Statutes Annotated § 52-1-26.3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 52-1-26.3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.