Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
A. The range of the physical capacity modification is one to eight.
B. The award of points to a worker shall be based upon the difference between the physical capacity necessary to perform the worker's usual and customary work and the worker's residual physical capacity. The award of points shall be based upon the following table:
|
RESIDUAL PHYSICAL CAPACITY |
|||||
|---|---|---|---|---|---|
|
S |
L |
M |
H |
||
|
PRE-INJURY |
S |
1 |
1 |
1 |
1 |
|
PHYSICAL CAPACITY |
L |
3 |
1 |
1 |
1 |
|
(USUAL AND |
M |
5 |
3 |
1 |
1 |
|
CUSTOMARY WORK) |
H |
8 |
5 |
3 |
1. |
C. For the purposes of this section:
(1) “H” or “heavy” means the ability to lift over fifty pounds occasionally or up to fifty pounds frequently;
(2) “M” or “medium” means the ability to lift up to fifty pounds occasionally or up to twenty-five pounds frequently;
(3) “L” or “light” means the ability to lift up to twenty pounds occasionally or up to ten pounds frequently. Even though the weight lifted may be only a negligible amount, a job is in this category when it requires walking or standing to a significant degree or when it involves sitting most of the time with a degree of pushing and pulling of arm or leg controls or both; and
(4) “S” or “sedentary” means the ability to lift up to ten pounds occasionally or up to five pounds frequently. Although a sedentary job is defined as one that involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required only occasionally and other sedentary criteria are met.
D. The determination of a worker's residual physical capacity shall be made by a health care provider defined in Subsection C, E or G of Section 52-4-1 NMSA 1978. If the worker or employer disagrees on who shall make this determination, the dispute shall be resolved in accordance with the provisions set forth in Section 52-1-51 NMSA 1978.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 52. Workers' Compensation § 52-1-26.4. Partial disability determination; physical capacity modification - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-52-workers-compensation/nm-st-sect-52-1-26-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)