A. The range of the education modification is one to eight. The modification shall be based upon the worker's formal education, skills and training at the time of the disability rating.
B. A worker shall be awarded points based on the formal education that the worker has received. A worker who:
(1) has completed no higher than the fifth grade shall be awarded three points;
(2) has completed the sixth grade but has completed no higher than the eleventh grade shall be awarded two points;
(3) has completed the twelfth grade or has obtained a high school equivalency credential but has not completed a college degree shall be awarded one point; and
(4) has completed a college degree or more shall receive zero points.
C. A worker shall be awarded points based upon the worker's skills. Skills shall be measured by reviewing the jobs that the worker has successfully performed during the ten years preceding the date of disability determination. For the purposes of this section, "successfully performed" means having remained on the job the length of time necessary to meet the specific vocational preparation (SVP) time requirement for that job as established in the dictionary of occupational titles published by the United States department of labor. The appropriate award of points shall be based upon the highest SVP level demonstrated by the worker in the performance of the jobs that the worker has successfully performed in the ten-year period preceding the date of disability determination, as follows:
(1) a worker with an SVP of one to two shall be awarded four points;
(2) a worker with an SVP of three to four shall be awarded three points;
(3) a worker with an SVP of five to six shall be awarded two points; and
(4) a worker with an SVP of seven to nine shall be awarded one point.
D. A worker shall be awarded points based upon the training that the worker has received. A worker who cannot competently perform a specific vocational pursuit shall be awarded one point. A worker who can perform a specific vocational pursuit shall not receive any points.
E. The sum of the points awarded the worker in Subsections B, C and D of this section shall constitute the education modification.
History: 1978 Comp., § 52-1-26.3, enacted by Laws 1990 (2nd S.S.), ch. 2, § 14; 2001, ch. 87, § 3; 2015, ch. 122, § 20.
The 2015 amendment, effective July 1, 2015, replaced "GED certificate" with "high school equivalency credential" relating to worker's compensation benefits; in the introductory sentence of Subsection B, after "formal education", deleted "he" and added "that the worker"; in Paragraph (3) of Subsection B, after "obtained a", deleted "GED certificate" and added "high school equivalency credential"; in the introductory paragraph of Subsection C, after "awarded points based upon", deleted "his" and added "the worker's", after "reviewing the jobs", deleted "he" and added "that the worker", and after "performance of the jobs", deleted "he" and added "that the worker"; and in Subsection D, after "upon the training", deleted "he" and added "that the worker".
The 2001 amendment, effective July 1, 2001, changed the range of the education modification from "zero to seven" to "one to eight" in Subsection A and increased the point values by one throughout Subsection B.
Construction with Section 52-1-56 NMSA 1978. — The term "disability," as used in Section 52-1-56 NMSA 1978 for purposes of modification of a compensation order, refers to a worker's physical condition and does not include the education modifier used pursuant to this section to determine disability rating. Herrera v. Quality Imports, 1999-NMCA-140, 128 N.M. 300, 992 P.2d 313.
Worker could not "competently perform". — Since the worker's residual physical capacity had been classified as "light," he could not "competently perform" any of his previous vocations, and there was insufficient evidence in the record to support the workers' compensation judge's finding that the worker could perform a specific vocational pursuit. The worker should have been awarded one point under subsection D. Medina v. Berg Constr., Inc., 1996-NMCA-087, 122 N.M. 350, 924 P.2d 1362.
Diminished physical abilities. — Where there was ample evidence that the worker could not perform heavy labor, including the employer's admission that the worker's physical capacity was medium and restrictions placed by physicians, and his previous occupations as carpenter and farm worker involved heavy labor, he was entitled to a vocational pursuit point because he could not perform any of his previous work. Rodriguez v. La Mesilla Constr. Co., 1997-NMCA-062, 123 N.M. 489, 943 P.2d 136.
Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
Structure New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 1 - Workers' Compensation
Section 52-1-1.1 - Definitions.
Section 52-1-2 - Employers who come within act.
Section 52-1-3 - Workers' compensation coverage; coverage by state agencies.
Section 52-1-3.1 - Public employee.
Section 52-1-4.2 - Controlled insurance plan; penalty.
Section 52-1-5 - Destruction of policies, bonds and undertakings.
Section 52-1-6 - Application of provisions of act.
Section 52-1-6.1 - Worker's compensation; definition.
Section 52-1-6.2 - Safety programs; inspections; penalties; bonuses.
Section 52-1-8 - Defenses to action by employee.
Section 52-1-9 - Right to compensation; exclusive.
Section 52-1-10.1 - Allocation of fault; reimbursement.
Section 52-1-11 - Injuries caused by the willfulness or intention of worker are noncompensable.
Section 52-1-13 - Termination of agreements.
Section 52-1-14 - [Interstate commerce not subject to state legislation exempted.]
Section 52-1-16 - Worker; real estate salesperson excepted.
Section 52-1-19 - Injury by accident; course of employment.
Section 52-1-20 - Determination of average weekly wage.
Section 52-1-22 - Work not casual employment.
Section 52-1-23 - Contractor becoming employer in casual employment.
Section 52-1-24 - Impairment; definition.
Section 52-1-24.1 - Date of maximum medical improvement.
Section 52-1-25 - Permanent total disability.
Section 52-1-25.1 - Temporary total disability; return to work.
Section 52-1-26 - Permanent partial disability.
Section 52-1-26.1 - Partial disability determination; calculation of modifications.
Section 52-1-26.2 - Partial disability determination; age modification.
Section 52-1-26.3 - Partial disability determination; education modification.
Section 52-1-26.4 - Partial disability determination; physical capacity modification.
Section 52-1-28 - Compensable claims; proof.
Section 52-1-28.1 - Unfair claim-processing practices; bad faith.
Section 52-1-28.2 - Retaliation against employee seeking benefits; civil penalty.
Section 52-1-29 - Notice of accident to employer; employer to post clear notice of requirement.
Section 52-1-30 - Payment of compensation benefits; installments.
Section 52-1-32 to 52-1-35 - Repealed.
Section 52-1-36 - Effect of failure of worker to file claim by reason of conduct of employer.
Section 52-1-38 - Judgment; provisions; execution; subrogation; contempts.
Section 52-1-40 - Waiting period.
Section 52-1-41 - Compensation benefits; total disability.
Section 52-1-42 - Compensation benefits; permanent partial disability; maximum duration of benefits.
Section 52-1-43 - Compensation benefits; injury to specific body members.
Section 52-1-44 - Compensation benefits; facial disfigurement.
Section 52-1-46 - Compensation benefits for death.
Section 52-1-47 - Limitations on compensation benefits.
Section 52-1-47.1 - Compensation benefits limit.
Section 52-1-48 - Additional limitation on benefits.
Section 52-1-50.1 - Rehiring of injured workers.
Section 52-1-52 - Exemption from creditors.
Section 52-1-53 - [Accident prevention laws not affected.]
Section 52-1-56 - Diminution; termination or increase of compensation.
Section 52-1-58 - Reports to be filed with director.
Section 52-1-59 - Effect of failure to file report.
Section 52-1-60 - Notice to director of date of payment.
Section 52-1-62 - Director to enforce Workers' Compensation Act.
Section 52-1-63 - Educational institutions exempt.
Section 52-1-64 - Extra-territorial coverage.
Section 52-1-65 - Credit for benefits furnished or paid under laws of other jurisdictions.
Section 52-1-67 - Locale of employment; definitions.
Section 52-1-68 - Reciprocal recognition of extra-territorial coverage with other jurisdictions.
Section 52-1-70 - Offset of unemployment compensation benefits.