Tag Archives: Workers’ Compensation

NM Supreme Court stays decision extending workers’ comp to farm and ranch workers

The New Mexico Supreme Court has entered an order staying the Court of Appeals’ decision in Rodriguez v. Brand West Dairy, which struck down as unconstitutional a statute excluding farm and ranch employees from the workers’ compensation system. The stay will … Continue reading

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NM Court of Appeals reaffirms that medical marijuana is covered by workers’ compensation

Last year, in Vialpando v. Ben’s Automotive Services, the Court of Appeals upheld the validity of a workers’ compensation award directing an employer and insurer to reimburse a worker for the cost of medical marijuana used to relieve pain. (You … Continue reading

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Exclusion of farm & ranch employees from workers’ comp is unconstitutional, says NM Court of Appeals

Section 52-1-6(A) of the New Mexico’s Workers’ Compensation Act excludes farm and ranch laborers from the benefits (and burdens) of workers’ compensation. This week, the Court of Appeals held that this exclusion violates the equal protection clause of the New Mexico … Continue reading

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Temporary total disability benefits available “for life,” says NM Supreme Court

The New Mexico Supreme Court, in Fowler v. Vista Care (June 5, 2014, by Justice Daniels) has held that temporary total disability (TTD) benefits are not subject to any time limits, but are available during a worker’s entire life, as long … Continue reading

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NM Court of Appeals holds that workers’ compensation covers medical marijuana

In an interesting decision, Vialpando v. Ben’s Automotive Services, the Court of Appeals has affirmed an order by a Workers’ Compensation Judge directing an employer and insurer to reimburse an injured worker for medical marijuana prescribed to relieve pain resulting … Continue reading

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Heroic off-duty police officer who died rescuing child is entitled to workers’ compensation benefits, says NM Court of Appeals

Officer Kevin Schultz of the Pojoaque tribal police department died a hero. While acting as a chaperone for a church youth group, he jumped in the Rio Grande to save a child who was drowning, but was unable to save … Continue reading

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Workers’ comp benefits can’t exceed average weekly wage, says NM Court of Appeals

In Livingston v. Environmental Earthscapes, a landscaper suffered a wrist injury and carpal tunnel syndrome at his job. The workers’ compensation judge found that the worker was entitled to permanent partial disability (PPD) and loss of use (LOU) benefits. This award … Continue reading

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Two new workers’ comp decisions from the New Mexico Court of Appeals

Yesterday the New Mexico Court of Appeals issued two decisions dealing with workers’ compensation claims: 1.  Laughlin v. Convenient Management Services, Inc.  In an opinion by Judge Wechsler, the Court held that the Workers’ Compensation Judge correctly determined that a … Continue reading

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NM Court of Appeals explains how to calculate the average weekly wage when a worker has more than one job, and affirms attorney fee award

Earlier this month the NM Court of Appeals, in Vinyard v. Palo Alto, Inc., decided the proper method for calculating the weekly average in a workers’ compensation case when the injured employee has two jobs.  The proper method, according to … Continue reading

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“State Supreme Court hears arguments in widow’s compensation case.”

Nico Roesler has this report in the Santa Fe New Mexican about yesterday’s oral argument before the Supreme Court in the case of a Pojoaque tribal police officer, Kevin Schultz, who lost his life while heroically saving a boy from drowning in … Continue reading

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