Bill > SB155

This bill amends sections of the Workers' Compensation Act to clarify when a worker is entitled to certain benefits. The key provisions are: 1. Temporary Total Disability: If a worker is released to return to work by their healthcare provider but 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 their pre-injury wage. If the worker returns to work at less than their pre-injury wage, they shall receive temporary total disability compensation benefits equal to two-thirds of the difference between their pre-injury and post-injury wages. 2. Permanent Partial Disability: The worker's permanent partial disability rating shall be equal to their impairment and not subject to modifications if they return to work at or above their pre-injury wage, accept employment with another employer at or above their pre-injury wage, or are terminated for misconduct unrelated to the workplace accident (unless the judge finds the termination was pretextual to avoid payment of benefits or retaliate against the worker). The judge may impose an additional fine on the employer if they find the termination was pretextual. 3. The bill also prohibits the workers' compensation judge from considering the testimony of a vocational rehabilitation provider for the purpose of determining the existence or extent of the worker's disability.

Business and Industry, Justice, Transportation and Infrastructure

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=155&year=17