New Mexico § 52-3-14 - Compensation; limitations

§ 52-3-14. Compensation; limitations

A. The compensation to which a worker who has suffered disablement, or the worker's

dependents, shall be entitled under the New Mexico Occupational Disease Disablement

Law is limited to the provisions of that law. No compensation shall be due or payable under the New Mexico Occupational Disease

Disablement Law for any disablement that does not result in either the temporary disablement

of the worker lasting for more than seven days or in the worker's permanent disablement

as herein described or in death; provided, however, that if the period of temporary

disablement of the worker lasts for more than four weeks from the date of the disablement,

compensation under the New Mexico Occupational Disease Disablement Law shall be payable

in addition to the amount hereinafter stated in a like amount for the first seven

days after the date of disablement. But for any such disablement for which compensation is payable under the New Mexico

Occupational Disease Disablement Law, the employer shall in all proper cases, as herein

provided, pay to the disabled worker or to some person authorized by the director

to receive the same, for the use and benefit of the beneficiaries entitled thereto,

compensation at regular intervals of no more than sixteen days apart, in accordance

with this section, less proper deductions on account of default in failure to give

notice of such disablement as required in Section 52-3-19 NMSA 1978 . B. For total disablement, the worker shall receive sixty-six and two-thirds percent

of the worker's average weekly wage, not to exceed a maximum compensation of eighty-five

percent of the average weekly wage in the state, a week, effective July 1, 1987, continuing

through December 31, 1999, and thereafter not to exceed a maximum of one hundred percent

of the average weekly wage in the state, a week, but not to be less than a minimum

compensation of thirty-six dollars ($36.00) a week, during the period of such disablement,

but in no event to exceed a period of seven hundred weeks; provided, however, that

when the workers' wages are less than thirty-six dollars ($36.00) a week, then the

compensation to be paid such worker shall be the full amount of such weekly wages;

provided further that the benefits paid or payable during a worker's entire period

of disablement shall be based on and limited to the benefits in effect on the date

of the occurrence of the disablement. C. For partial disablement, the benefits shall be a percentage of the benefits payable

for total disablement calculated under Subsection B of this section as that percentage

is determined pursuant to the provisions of Section 52-3-4 NMSA 1978 . In no event shall the duration of partial benefits extend longer than five hundred

weeks. D. In no event shall the duration of any combination of disablements, whether temporary

or partial disablements, and death be payable for a period in excess of seven hundred

weeks. E. For the purpose of the New Mexico Occupational Disease Disablement Law, the average

weekly wage in the state shall be determined by the workforce solutions department

on or before June 30 of each year and shall be computed from all wages reported to

the department from employing units, including reimbursable employers, in accordance

with the rules of the department for the preceding calendar year, divided by the total

number of covered employees divided by fifty-two. The first such determination by the employment security division of the average

weekly wage in the state shall be made on or before June 30, 1975 from reported wages

and covered employees for the calendar year ending December 31, 1974. F. The average weekly wage in the state, determined as provided in Subsection E of

this section, shall be applicable for the full period during which compensation is

payable when the date of the occurrence of the disablement falls within the calendar

year commencing January 1 following the June 30 determination. G. Unless the computation provided for in Subsection E of this section results in

an increase or decrease of two dollars ($2.00) or more, raised to the next whole dollar,

the statewide average weekly wage determination shall not be changed for any calendar

year. H. In case death proximately results from the disablement within the period of two

years, compensation benefits to be paid such worker shall be in the amounts and to

the persons as follows: (1) if there are no dependents, the compensation shall be limited to the funeral expenses

not to exceed seven thousand five hundred dollars ($7,500) and the expenses provided

for medical and hospital services for the deceased, together with such other sums

as the deceased may have been paid for disablement; or (2) if there are dependents at the time of death, the payment shall consist of a sum

not to exceed seven thousand five hundred dollars ($7,500) for funeral expenses and

expenses provided for medical and hospital services for the deceased, together with

such other sums as the deceased may have been paid for disability, and a percentage

specified in this paragraph for average weekly wages subject to the limitations of

the New Mexico Occupational Disease Disablement Law to continue for the period of

seven hundred weeks from the date of death of such worker; provided that the total

death compensation, unless otherwise specified, payable in any of the cases mentioned

in this section shall not be less than the minimum weekly compensation provided in

Subsection B of this section or more than the maximum weekly compensation provided

in Subsection B of this section and shall be based on and limited to the benefits

in effect on the date of the occurrence of the disablement. If there are dependents entitled thereto, compensation shall be paid to the dependents

or to the person authorized by the director or the court to receive the same for the

benefit of the dependents in such portions and amounts as the director or the court,

bearing in mind the necessities of the case and the best interests of the dependents

and of the public, may determine, to be computed on the following basis and distributed

to the following persons: (a) to the child or children, if there is no widow or widower entitled to compensation,

sixty-six and two-thirds percent of the average weekly wage of the deceased; (b) to the widow or widower, if there are no children, sixty-six and two-thirds percent

of the average weekly wage of the deceased, until remarriage; (c) to the widow or widower, if there is a child or children living with the widow

or widower, forty-five percent of the compensation rate, as provided in Subsection

B of this section, of the deceased, or forty percent, if such child is not or all

such children are not living with a widow or widower, and in addition thereto, compensation

benefits for the child or children, which shall make the total benefits for the widow

or widower and child or children sixty-six and two-thirds percent of the average weekly

wage of the deceased. When there are two or more children, the compensation benefits payable on account

of such children shall be divided among such children, share and share alike; (d) two years' compensation benefits in one lump sum shall be payable to a widow or

widower upon remarriage; however, the total benefits shall not exceed the maximum

compensation benefits as provided in Paragraph (2) of this subsection; (e) if there is neither widow, widower nor children, then to the father and mother

or the survivor of them if dependent to any extent upon the worker for support at

the time of the worker's death, twenty-five percent of the average weekly wage of

the deceased; provided that if such father and mother, or the survivor of them, was

totally dependent upon such worker for support at the time of the worker's death,

they shall be entitled to fifty percent of the average weekly wage of the deceased,

subject to the maximum weekly compensation provided for in Subsection B of this section; (f) no disablement benefits payable by reason of a worker's death shall exceed the

maximum weekly compensation provided for in Subsection B of this section, and no dependent

or any class thereof other than a widow or widower or children shall in any event

be paid total benefits in excess of seven thousand five hundred dollars ($7,500) exclusive

of funeral expenses and the expenses provided for medical and hospital services for

the deceased paid for by the employer. If there is neither widow, widower nor children nor dependent parent, then to the

brothers and sisters, if actually dependent to any extent upon the deceased for support

at the time of the deceased's death, thirty-five percent of the average weekly wage

of the deceased, with fifteen percent additional for brothers or sisters in excess

of two, with a maximum of sixty-six and two-thirds percent to be paid to their guardian;

provided that the maximum compensation to partial dependents shall not exceed the

respective amounts therefor contributed by the deceased employee or the maximum weekly

compensation provided for in Subsection B of this section; and (g) in the event of the death or remarriage of the widow or widower entitled to compensation

under this subsection, the surviving children shall then be entitled to compensation

computed and paid as in Subparagraph (a) of this paragraph for the remainder of the

compensable period, and in the event compensation benefits payable to children as

provided in this section are terminated as provided in Paragraph (5) of Subsection A of Section 52-3-13 NMSA 1978 , a surviving widow or widower shall then be entitled to compensation benefits computed

and paid as provided in Subparagraphs (b) and (d) of this paragraph for the remainder

of the compensable period.