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 Comp., § 59-10-18.9, enacted by Laws 1975, ch. 284, § 13; 1989, ch. 263, § 28.
ANNOTATIONSNo due process right to greater disability benefits. — An injured worker does not have a due process property right to disability benefits greater than those conferred by the legislature. Casillas v. S.W.I.G., 1981-NMCA-045, 96 N.M. 84, 628 P.2d 329, cert. denied, 96 N.M. 116, 628 P.2d 686, and appeal dismissed, 454 U.S. 934, 102 S. Ct. 467, 70 L. Ed. 2d 242 (1981).
Benefits begin at the time of disability. Lovato v. Duke City Lumber Co., 1982-NMCA-021, 97 N.M. 545, 641 P.2d 1092, cert. denied, 98 N.M. 50, 644 P.2d 1039.
Benefit rate determined as of date of injury. — When benefits are wrongfully terminated or reduced, the rate of compensation is to be determined to reflect the average weekly wage as of the date of the injury resulting in disability, rather than as of the date that the trial court determines disability. Varos v. Union Oil Co., 1984-NMCA-091, 101 N.M. 713, 688 P.2d 31.
The trial court's award of compensation payments should reflect the amount of benefits properly payable on the date of the workman's (worker's) accidental injury resulting in disability, not the amount payable at the time of trial. Amos v. Gilbert W. Corp., 1985-NMCA-106, 103 N.M. 631, 711 P.2d 908.
Disability begins when a compensable injury manifests itself and wage-earning capacity is affected. Lovato v. Duke City Lumber Co., 1982-NMCA-021, 97 N.M. 545, 641 P.2d 1092, cert. denied, 98 N.M. 50, 644 P.2d 1039.
The date of disability is the date the workman (worker) knows or should know he has suffered a compensable injury. Turner v. Shop-Rite Foods, Inc., 1982-NMCA-165, 99 N.M. 56, 653 P.2d 887.
No change in amount of compensation payable during disability. — The amount of compensation to be paid for disability from the date the disability began does not change during the period that disability continues; the maximum compensation payable is limited to the benefits payable when the disability began, and continues for the full period of that disability. Casias v. Zia Co., 1980-NMCA-109, 94 N.M. 723, 616 P.2d 436.
Attorney's fees. — There is no reason to distinguish an award of attorney's fees from any other benefit to which a claimant is entitled, and the law in effect at the time of the claimant's injury, rather than the law in effect at the time of the award of compensation benefits, applies to the determination of the claimant's attorney's fees. Bateman v. Springer Bldg. Materials Corp., 1989-NMCA-039, 108 N.M. 655, 777 P.2d 383, cert. denied, 108 N.M. 681, 777 P.2d 1325.
Law reviews. — For article, "Survey of New Mexico Law, 1979-80: Workmen's Compensation," see 11 N.M.L. Rev. 235 (1981).
For article, "Survey on New Mexico Law, 1982-83: Workmen's Compensation," see 14 N.M.L. Rev. 211 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation § 388.