A. The range of the age modification is one to five. The modification is based upon the worker’s age at the time of the disability rating.
B. For a worker who is:
(1) forty-four years old or younger, one point shall be awarded;
(2) forty-five to forty-nine years old, two points shall be awarded;
(3) fifty to fifty-four years old, three points shall be awarded;
(4) fifty-five to fifty-nine years old, four points shall be awarded; and
(5) sixty years old or older, five points shall be awarded.
HISTORY:
1978 52-1-26.2, enacted by Laws 1990 (2nd S.S.), ch. 2, § 13; 2001, ch. 87, § 2.
Notes to Decisions
Generally.
Injured worker’s age-modification points did not have to be based on her age on the date that she reached maximum medical improvement (MMI). The workers’ compensation judge properly awarded the worker one point pursuant to 52-1-26.2B(2) NMSA 1978, because she was 45 years old at the time the judge made the disability rating. Levario v. Ysidro Villareal Labor Agency, 1995-NMCA-133, 120 N.M. 734, 906 P.2d 266, 1995 N.M. App. LEXIS 122 (N.M. Ct. App. 1995).
Research References and Practice Aids
Cross references.
Partial disability determination; calculation of modifications, 52-1-26.1 NMSA 1978.