New Mexico § 52-1-25.1 - Temporary total disability; return to work
Full text of New Mexico New Mexico Statutes Annotated § 52-1-25.1 — Temporary total disability; return to work, with citation guidance and answers to common questions.
§ 52-1-25.1. Temporary total disability; return to work
A. As used in the Workers' Compensation Act, “ temporary total disability ” means the inability of a worker, by reason of accidental injury arising out of and
in the course of the worker's employment, to perform the duties of that employment
prior to the date of the worker's maximum medical improvement. B. If, prior to the date of maximum medical improvement, an injured worker's health
care provider releases the worker to return to work and the employer does not make
a reasonable work offer at the worker's pre-injury wage, the worker shall receive
temporary total disability compensation benefits equal to two-thirds of the worker's
pre-injury wage. C. If, prior to the date of maximum medical improvement, an injured worker's health
care provider releases the worker to return to work and the worker returns to work
at less than the worker's pre-injury wage, the worker shall receive temporary total
disability compensation benefits equal to two-thirds of the difference between the
worker's pre-injury wage and the worker's post-injury wage. D. A worker is not entitled to temporary total disability benefits as set forth in
Subsection B or C of this section if: (1) 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; (2) the worker accepts employment with another employer at or above the worker's pre-injury
wage; or (3) the worker is terminated for misconduct connected with the employment that is
unrelated to the workplace injury; if the workers' compensation judge finds that
an employer terminated the worker for pretextual reasons as a way of attempting to
avoid payment of benefits to the worker or as retaliation against the worker for seeking
benefits, the worker shall be entitled to temporary total disability 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. Notwithstanding the provisions of this section, the employer shall continue to
provide reasonable and necessary medical care pursuant to Section 52-1-49 NMSA 1978 . 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.
Frequently Asked Questions About New Mexico § 52-1-25.1
What does New Mexico Statutes Annotated § 52-1-25.1 cover?
Section 52-1-25.1 ("Temporary total disability; return to work") 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 § 52-1-25.1?
A common citation format is "New Mexico Statutes Annotated § 52-1-25.1" (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 § 52-1-25.1 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.