New Mexico § 52-1-26 - Permanent partial disability
Full text of New Mexico New Mexico Statutes Annotated § 52-1-26 — Permanent partial disability, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About New Mexico § 52-1-26
What does New Mexico Statutes Annotated § 52-1-26 cover?
Section 52-1-26 ("Permanent partial disability") 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?
A common citation format is "New Mexico Statutes Annotated § 52-1-26" (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 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.