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The governor of New Mexico signed Senate Bill 155 into law yesterday, April 3^rd 2017, which sets limitations on workers’ compensation TTD (total temporary disability) and PPD (permanent partial disability) for injured workers who leave their current employment for another company providing adequate compensation and work restrictions or fail to accept an adequate job offer.

Governor Susana Martinez signed SB 155 sponsored by Sen. Jacob Candelaria, D-Albuquerque.  The new law ends TTD and PPD for injured workers who reject a reasonable offer of employment with their same employer with whom they sustained the injury-- at or above their pre-injury wage within medical restrictions; if they accept employment at another company at or higher than their pre-injury wage; or if they are terminated for misconduct unrelated to the workplace injury.    

The issue of misconduct unrelated to the workplace injury as grounds for severing benefits recently presented a controversial case in Indiana.  An appeals court ruled in affirmation of the workers’ compensation board’s decision to award TTD benefits to claimant Douglas Waid in spite of the fact he was fired for cause when he fought with his boss over his work injury back pain and lack of work restrictions and, in anger, threw an ice pack.   It was his outburst that precipitated his termination.

But a three-judge-panel of the appeals court opined that the relevant inquiry was whether the claimant’s inability to work, even for other employers, was related to his injury.  Their decision was based upon Douglas Waid’s credibility and the weighing of the evidence.

“We conclude that Waid’s termination for misconduct does not prevent him from receiving TTD benefits as a result of his on-the-job injury,” the Indiana appeals court stated. 

Back in New Mexico, now with SB 155, also if an employer is found by a work comp judge to have terminated an injured worker employee in order to avoid paying benefits or in retaliation for filing a claim, that employer could pay a fine of up to $10,000.

The law will become effective July 1, 2017.  It was passed by a vote of 32-8 by the New Mexico Senate in February 2017 and by the New Mexico House of Representatives on March 16^th 2017. 

lonce@adjustercom.com; Lonce LaMon, journalist; adjustercom