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Calculating Disability Under the
New Mexico Workers' Compensation Act

B ELOW IS THE FORMULA used in the New Mexico Worker's Compensation Act to arrive at a disability rating. To accurately formulate the disability, you will need a copy of the New Mexico Workers' Compensation Act, a Dictionary of Occupational Titles, and a current copy of the worker's medical records.

Workers' Compensation Example

Here we have an auto mechanic who was injured on the job. His disability was evaluated at the age of twenty three (23), and he is assigned zero (0) points for his age, as he is under the age of forty five. (See N.M.S.A. 1978, § 52-1-26.2B (1)). Worker is a high school graduate, which awards him zero (0) points according to the statute. (See N.M.S.A. 1978, § 52-1-26.B (3)) Worker's specific vocational preparation points as an auto mechanic are assigned by the Dictionary of Occupational Titles as seven (7) and he is given one (1) point in the formula, pursuant to N.M.S.A. 1978, § 52-1-26.3 C (4). There was no indication in the medical records that Worker could not return to work as an auto mechanic, so zero (0) training points were awarded in the formula. Worker's job description put him at medium duty before the injury. He was capable to returning to medium duty pursuant to the residual physical capacity chart found in N.M.S.A. 1978 § 52-1-26.4 B, and therefore receives one (1) point for the residual physical capacity modifier. Worker was assigned a 5% whole body impairment by his treating physician, and when the formula is applied Worker's disability equals six percent (6%).

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