The benefits that the worker shall receive during the entire period of disability and the benefits for death shall be based on and limited to the benefits in effect on the date of the accidental injury resulting in the disability or death.
HISTORY:
1953 59-10-18.9, enacted by Laws 1975, ch. 284, § 13; 1989, ch. 263, § 28.
Notes to Decisions
Applicability.
Where an injured employee’s workers’ compensation benefits were terminated and he appealed, the date of disability controlled his benefits rate, not the date that the judicial determination of wrongful termination was made; the record in this case does not justify the application of the Purcella exception. Sing v. Duval Corp., 1981-NMCA-129, 97 N.M. 84, 636 P.2d 903, 1981 N.M. App. LEXIS 805 (N.M. Ct. App. 1981).
Attorney’s fees.
Trial court’s refusal to award attorney’s fees to a workers’ compensation claimant under the version of 52-1-54 NMSA 1978 that became effective on June 19, 1987, was not error because the benefits available to the claimant under 52-1-48 NMSA 1978, which included attorney’s fees, were those provided for in the interim Workers’ Compensation Act that was in effect on December 16, 1986, when the claimant’s husband suffered the accidental injury that caused his death. Bateman v. Springer Bldg. Materials Corp., 1989-NMCA-039, 108 N.M. 655, 777 P.2d 383, 1989 N.M. App. LEXIS 48 (N.M. Ct. App.), cert. denied, 108 N.M. 624, 776 P.2d 846, 1989 N.M. LEXIS 193 (N.M. 1989).
Compensation.
Trial court erred in awarding the employee total permanent disability benefits based upon the average weekly wage of the employee as of the date that the disability was judicially determined because the holding was contrary to the statutory scheme of 52-1-48 NMSA 1978. Varos v. Union Oil Co., 1984-NMCA-091, 101 N.M. 713, 688 P.2d 31, 1984 N.M. App. LEXIS 709 (N.M. Ct. App. 1984).
Disability.
Where employee missed three weeks of work after his injury while on the job, his disability began on the date of the accident pursuant to 52-1-48 NMSA 1978. Howard v. El Paso Natural Gas Co., 1982-NMCA-075, 98 N.M. 184, 646 P.2d 1248, 1982 N.M. App. LEXIS 872 (N.M. Ct. App.), cert. denied, 98 N.M. 336, 648 P.2d 794, 1982 N.M. LEXIS 2942 (N.M. 1982).
Eligibility.
Pursuant to 52-1-48 NMSA 1978, the employee was properly awarded workmen’s compensation benefits at the wage rate in effect on February 19, 1977 because that was the date in which the employee suffered a compensable injury, as the second injury did not aggravate the prior injury and the employee completely recovered from the second injury. Turner v. Shop-Rite Foods, 1982-NMCA-165, 99 N.M. 56, 653 P.2d 887, 1982 N.M. App. LEXIS 948 (N.M. Ct. App. 1982).
Requirements.
Where an employee claimed that workmen’s compensation benefits should have been based upon his salary at the time he ceased work permanently, rather than when he was injured, the fact that he worked for various periods of time after the date of the accident did not mean he was not disabled on the date of the injury. Lovato v. Duke City Lumber Co., 1982-NMCA-021, 97 N.M. 545, 641 P.2d 1092, 1982 N.M. App. LEXIS 821 (N.M. Ct. App.), cert. denied, 98 N.M. 50, 644 P.2d 1039, 1982 N.M. LEXIS 2962 (N.M. 1982).
Workers’ compensation.
Where a worker missed three weeks of work following an accident, and after he returned to work, worked a reduced work week of only three days because of the pain he was suffering, there was substantial evidence to support a judgment that his disability began and was suffered on the date of the accident. Howard v. El Paso Natural Gas Co., 1982-NMCA-075, 98 N.M. 184, 646 P.2d 1248, 1982 N.M. App. LEXIS 872 (N.M. Ct. App.), cert. denied, 98 N.M. 336, 648 P.2d 794, 1982 N.M. LEXIS 2942 (N.M. 1982).
Pursuant to 52-1-48 NMSA 1978, an employee’s workers’ compensation benefits during the entire period of his disability were limited to the benefits in effect on the date of his disability. Casias v. Zia Co., 1980-NMCA-109, 94 N.M. 723, 616 P.2d 436, 1980 N.M. App. LEXIS 926 (N.M. Ct. App. 1980).