N.M. Stat. § 52-1-42
This is the official text of N.M. Stat. § 52-1-42, part of New Mexico’s Stat — part of the compiled statutory law of New Mexico, published by the state as "Stat." Browse the sections below, each linked to its official government source.
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§ 52-1-42. Compensation benefits; permanent partial disability; maximum duration of benefits
Official statutory text
A. For permanent partial disability, the workers' compensation benefits not specifically provided for in Section 52-1-43 NMSA 1978 shall be a percentage of the weekly benefit payable for total disability as provided in Section 52-1-41 NMSA 1978 . The percentage of permanent partial disability shall be determined pursuant to the provisions of Sections 52-1-26 through 52-1-26.4 NMSA 1978 . The duration of partial disability benefits shall depend upon the extent and nature of the partial disability, subject to the following:
(1) where the worker's percentage of disability is equal to or greater than eighty, the maximum period is seven hundred weeks;
(2) where the worker's percentage of disability is less than eighty, the maximum period is five hundred weeks;
(3) where the partial disability results from a primary mental impairment, the maximum period is the maximum period allowable for a physical injury, as set forth in Section 52-1-26 NMSA 1978 , and subject to the maximum duration and limitations on compensation benefits set forth in Section 52-1-47 NMSA 1978; and
(4) where the partial disability results from a secondary mental impairment, the maximum period is the maximum period allowable for the disability produced by the physical impairment, as set forth in Section 52-1-26 or 52-1-43 NMSA 1978 , and subject to the maximum duration and limitations on compensation benefits set forth in Section 52-1-47 NMSA 1978 .
B. If an injured worker receives temporary disability benefits prior to an award of permanent partial disability benefits, the maximum period for permanent partial disability benefits shall be reduced by the number of weeks the worker actually receives temporary disability benefits.
(1) where the worker's percentage of disability is equal to or greater than eighty, the maximum period is seven hundred weeks;
(2) where the worker's percentage of disability is less than eighty, the maximum period is five hundred weeks;
(3) where the partial disability results from a primary mental impairment, the maximum period is the maximum period allowable for a physical injury, as set forth in Section 52-1-26 NMSA 1978 , and subject to the maximum duration and limitations on compensation benefits set forth in Section 52-1-47 NMSA 1978; and
(4) where the partial disability results from a secondary mental impairment, the maximum period is the maximum period allowable for the disability produced by the physical impairment, as set forth in Section 52-1-26 or 52-1-43 NMSA 1978 , and subject to the maximum duration and limitations on compensation benefits set forth in Section 52-1-47 NMSA 1978 .
B. If an injured worker receives temporary disability benefits prior to an award of permanent partial disability benefits, the maximum period for permanent partial disability benefits shall be reduced by the number of weeks the worker actually receives temporary disability benefits.
Status: in_force
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