New Mexico § 52-1-26.4 - Partial disability determination; physical capacity modification

§ 52-1-26.4. Partial disability determination; physical capacity modification

A. The range of the physical capacity modification is one to eight. B. The award of points to a worker shall be based upon the difference between the

physical capacity necessary to perform the worker's usual and customary work and the

worker's residual physical capacity. The award of points shall be based upon the following table: RESIDUAL PHYSICAL CAPACITY S L M H PRE-INJURY S 1 1 1 1 PHYSICAL CAPACITY L 3 1 1 1 (USUAL AND M 5 3 1 1 CUSTOMARY WORK) H 8 5 3 1. C. For the purposes of this section: (1) “ H ” or “ heavy ” means the ability to lift over fifty pounds occasionally or up to fifty pounds frequently; (2) “ M ” or “ medium ” means the ability to lift up to fifty pounds occasionally or up to twenty-five pounds

frequently; (3) “ L ” or “ light ” means the ability to lift up to twenty pounds occasionally or up to ten pounds frequently. Even though the weight lifted may be only a negligible amount, a job is in this

category when it requires walking or standing to a significant degree or when it involves

sitting most of the time with a degree of pushing and pulling of arm or leg controls

or both; and (4) “ S ” or “ sedentary ” means the ability to lift up to ten pounds occasionally or up to five pounds frequently. Although a sedentary job is defined as one that involves sitting, a certain amount of walking and standing

is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required only occasionally and other

sedentary criteria are met. D. The determination of a worker's residual physical capacity shall be made by a health

care provider defined in Subsection C , E or G of Section 52-4-1 NMSA 1978 . If the worker or employer disagrees on who shall make this determination, the dispute

shall be resolved in accordance with the provisions set forth in Section 52-1-51 NMSA 1978 .