No compensation benefits shall be allowed under the provisions of the Workers’ Compensation Act [52-1-1 NMSA 1978] for any accidental injury which does not result in the workers’ death or in a disability which lasts for more than seven days; provided, however, if the period of the workers’ disability lasts for more than four weeks from the date of his accidental injury, compensation benefits shall be allowed from the date of disability.
HISTORY:
1953 59-10-18.1, enacted by Laws 1959, ch. 67, § 19; 1989, ch. 263, § 22.
Notes to Decisions
Generally.
Where an employee conceded that there could ordinarily be no failure to pay any compensation until the first installment became due, which was 31 days after an injury became compensable, and a statement by the president of his employer five days after the employee’s injury did not change that principle, when the employee filed his claim 12 days after his injury no compensation was due and the employee’s claim for such benefits was properly denied. However, there was no time limitation on the employee’s claim for medical expenses and he was not prohibited from recovering them. Martinez v. Wester Bros. Wholesale Produce Co., 1961-NMSC-177, 69 N.M. 375, 367 P.2d 545, 1961 N.M. LEXIS 1666 (N.M. 1961).
Claims.
Legislature does not intend to require a worker to make every possible claim for temporary disability benefits, no matter how minor, to preserve a possible claim for future benefits. Because the legislature disallows compensation benefits in cases in which a disability lasts for seven days or less under 52-1-40 NMSA 1978, this statutory provision indicates that the legislature considers seven days of compensation benefits to be de minimis. Fuentes v. Santa Fe Pub. Sch., 1995-NMCA-050, 119 N.M. 814, 896 P.2d 494, 1995 N.M. App. LEXIS 51 (N.M. Ct. App. 1995).
Error.
Trial court erred in awarding one day workers’ compensation because the employee was not disabled for seven days in order to received any compensation as required under 52-1-40 NMSA 1978. Grudzina v. New Mexico Youth Diagnostic & Dev. Ctr., 1986-NMCA-047, 104 N.M. 576, 725 P.2d 255, 1986 N.M. App. LEXIS 635 (N.M. Ct. App. 1986).
Research References and Practice Aids
New Mexico Law Review.
Comment: A Comparison Of Workers’ Compensation In The United States And Mexico, Renee L. Camacho, 26 N.M. L. Rev. 133 (1996).