A. No total disability benefits shall be payable under the Workers’ Compensation Act [52-1-1 NMSA 1978] for any weeks in which the injured worker has received or is receiving unemployment compensation benefits, except as provided in this section.
B. If a worker is entitled to receive unemployment compensation benefits and would otherwise be entitled to receive total disability benefits, the unemployment compensation benefits shall be primary and total disability benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disability benefits that would otherwise be payable.
HISTORY:
1978 52-1-70, enacted by Laws 1987, ch. 235, § 28.
Notes to Decisions
Construction with other law.
Workers’ Compensation Act, although expressly providing in 52-1-65 and 52-1-70 NMSA 1978 for credits for payment of unemployment compensation and for compensation benefits paid in other jurisdictions, made no provision that authorized an offset for receipt of public employee retirement benefits, and the Public Employee Retirement Act (PERA) was also silent concerning any prohibition against the payment of PERA benefits where an injured state employee also demonstrated entitlement to workers’ compensation benefits. Under the general rule of statutory construction, that where the legislature adopts a statute restricting or limiting certain matters, the express mention of one thing imports a legislative intent not to include others in the restriction or limitation, the appellate court discerned no legislative intent to preclude recovery of benefits under both PERA and the Workers’ Compensation Act. Montney v. State, 1989-NMCA-002, 108 N.M. 326, 772 P.2d 360, 1989 N.M. App. LEXIS 13 (N.M. Ct. App. 1989), superseded by statute as stated in Moya v. City of Albuquerque, 2007-NMCA-057, 141 N.M. 617, 159 P.3d 266, 2007 N.M. App. LEXIS 29 (N.M. Ct. App. 2007).