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New Workers Compenstion Medical Care Ruling In New Mexico
n a recent case, an employee's treating physician said he was not recommending or advocating the use of medical marijuana in any way, but the court of appeals nevertheless found that the use of medical marijuana was "reasonable and necessary" because it had been certified by the physician for use under the Lynn and Erin Compassionate Use Act (CUA).
Medical marijuana background
This case is the court of appeals' second workers' compensation decision involving medical marijuana. The first case, Vialpondo v. Ben's Automotive Services, was decided while this case was being reviewed by the court.
In the Vialpondo decision, the court of appeals ruled that medical marijuana could be "reasonable and necessary" medical treatment if it is certified by a treating physician for use by an injured worker. If medical marijuana is reasonable and necessary, an employee must be reimbursed for the cost of the drug even though it is illegal under federal law.
The latest case makes it very clear that the court of appeals will approve the use of medical marijuana if traditional pain treatments have failed, even if the employee's physician does not advocate its use.
New Mexico Workers Compensation Albuquerque Law Office
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Albuquerque, NM 87109
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About New Mexico Workers Compensation Law
New Mexico workers' compensation law sets forth the procedures required to obtain workers' compensation benefits, and outlines the various types of workers' compensation benefits available in New Mexico.
Claims under New Mexico Workers' Compensation Laws
When an accident occurs at your workplace and you suffer an injury, your injury will be covered by your employer's workers' compensation insurance. Get a Workers Compensation lawyer with For the Injured Worker. There are exceptions to coverage, however. If your injury occurred because you were intoxicated or using drugs at the time of the accident, you inflicted the injury on yourself, or were negligent, you will not be eligible to receive workers' compensation benefits under the New Mexico workers' compensation system.
New Mexico workers' compensation law also covers occupational illnesses. If you have been repeatedly exposed to hazardous conditions at your workplace and become ill, you will be eligible to receive New Mexico workers' compensation benefits.
Finally, when an employee dies as a result of his occupational injury or disease, his relatives may be eligible to receive death benefits.
New Mexico Workers' Compensation Benefits
Any medical bills incurred in obtaining medical treatment for your employment-connected injury, including bills for physician's appointments and hospital visits, will be paid for by your employer's workers' compensation insurer directly to the medical provider. In addition, mileage costs to and from appointments for medical treatment may be reimbursed if the roundtrip distance is thirty or more miles.
Income replacement benefits are also available to make up for the wages an employee loses and for overall lost earning capacity while he recovers from his injury or disease. The following is a list of potential income replacement benefits in New Mexico:
1) Temporary Total Disability Benefits (TTD): Because the worker is incapable of working while he heals from his work-site injury or occupational disease, every two weeks he will receive 2/3 of his average pre-injury weekly wages. New Mexico law mandates a maximum and minimum payment.
2) Temporary Partial Disability Benefits (TPD): The worker can do some work while he recovers from his disease or injury, but cannot perform his full job duties. If this is the case, he will receive 2/3 of the difference between his wage after his injury and his weekly wage before the injury.
3) Permanent Partial Disability Benefits (PPD): When the worker has improved medically as best as possible, but will still be permanently disabled because of his injury or illness (for instance, loss of limb). The amount of money the employee will be paid under PPD depends on what part of the body is permanently disabled.
4) Permanent Total Disability Benefits (PTD): When an employee's occupational disease or injury is indefinite and he cannot go back to work or find any gainful employment, he will be paid 2/3 of his weekly wage prior to his injury every two weeks.
Lastly, payment for medical costs, indemnity payments, and up to $7,500 for burial expenses will be available to the dependent relatives of New Mexico employees who die because of their on-the-job injuries or occupational illnesses.
New Mexico Workers' Compensation Statutes
Refer to the latest online version of the Statutes for the full text of all relevant New Mexico workers' compensation laws.
Employers Subject To Workers' Compensation: Workers' Compensation, Chp.52, Art. 1 § 2; Covered Employees: Workers' Compensation, Chp.52, Art.1 § 2; Benefits: Workers' Compensation, Chp.52, Art. 1, § 30; Claims Procedure: Workers' Compensation, Chp.52, Art.1, § 31
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Our Experience Shows!
Our New Mexico workers compensation lawyers help employees injured on the job. Our experienced New Mexico on the job injury lawyers have dealt with just about every type of job site injury including:
* Slips and falls at work
* Repetitive stress, back strain and other ergonomically based injuries
* Construction site injuries
* Equipment malfunction
* Motor vehicle accidents
* Lifting injuries and needle sticks in hospital or nursing home jobs
* Injuries traveling to work
Other Workers Comp Claims Our Lawyers Can Help With:
Construction Site Falls
Run-Over by Operating Equipment
Fires and Explosions
Unsafe/ Dangerous Equipment Accidents
Punch Press Malfunctions
Fork Lift Accidents
Utilities worker injuries
Truck driver accidents
Manufacturing plant injury
Finance, Banking, Teaching, and other “White-Collar” Industries
Casinos, Resorts, Hotels, Spas, Restaurants, and all other Service Industries
Farming and Agriculture
Law Enforcement and Security; Police, Sheriffs, Highway Patrol Officers
Asbestos and Mesothelioma