Section 52-1-43 - Compensation benefits; injury to specific body members.
52-1-43. Compensation benefits; injury to specific body members.
A. For disability resulting from an accidental injury to specific body members, including the loss or loss of use thereof, the worker shall receive the weekly maximum and minimum compensation for disability as provided in Section 52-1-41 NMSA 1978, for the following periods:
Injury Compensation Benefits
Number of Weeks
(1) one arm at or near shoulder, dextrous member ....... 200 weeks
(2) one arm at elbow, dextrous member .................. 160 weeks
(3) one arm between wrist at elbow, dextrous member .... 150 weeks
(4) one arm at or near shoulder, nondextrous member .... 175 weeks
(5) one arm at elbow, nondextrous member ............... 155 weeks
(6) one arm between wrist and elbow, nondextrous member 140 weeks
(7) one hand, dextrous member .......................... 125 weeks
(8) one hand, nondextrous member ....................... 110 weeks
(9) one thumb and the metacarpal bone thereof .......... 55 weeks
(10) one thumb at the proximal joint ................... 34 weeks
(11) one thumb at the second distal joint .............. 22 weeks
(12) one first finger and the metacarpal bone thereof .. 28 weeks
(13) one first finger at the proximal joint ............ 22 weeks
(14) one first finger at the second joint .............. 17 weeks
(15) one first finger at the distal joint .............. 12 weeks
(16) one second finger and the metacarpal bone thereof . 22 weeks
(17) one second finger at the proximal joint ........... 17 weeks
(18) one second finger at the second joint ............. 12 weeks
(19) one second finger at the distal joint ............. 10 weeks
(20) one third finger and the metacarpal bone thereof .. 17 weeks
(21) one third finger at the proximal joint ............ 12 weeks
(22) one third finger at the second joint .............. 10 weeks
(23) one third finger at the distal joint .............. 10 weeks
(24) one fourth finger and the metacarpal bone thereof . 14 weeks
(25) one fourth finger at the proximal joint ........... 14 weeks
(26) one fourth finger at the second joint ............. 10 weeks
(27) one fourth finger at the distal joint ............. 7 weeks
(28) loss of all fingers on one hand where thumb and
palm remain 70 weeks
(29) one leg at or near hip joint, so as to preclude the
use of an artificial limb 200 weeks
(30) one leg at or above the knee, where stump remains
sufficient to permit the use of an artificial limb 150 weeks
(31) one leg between knee and ankle .................... 130 weeks
(32) one foot at the ankle ............................. 115 weeks
(33) one great toe with the metatarsal bone thereof .... 35 weeks
(34) one great toe at the proximal joint ............... 17 weeks
(35) one great toe at the second joint ................. 12 weeks
(36) one toe other than the great toe with the
metatarsal bone thereof 14 weeks
(37) one toe other than the great toe at the proximal
joint 10 weeks
(38) one toe other than the great toe at second or
distal joint 8 weeks
(39) loss of all toes on one foot at proximal joint .... 40 weeks
(40) eye by enucleation ................................ 130 weeks
(41) total blindness of one eye ........................ 120 weeks
(42) total deafness in one ear ......................... 40 weeks
(43) total deafness in both ears ....................... 150 weeks
B. For a partial loss of use of one of the body members or physical functions listed in Subsection A of this section, the worker shall receive compensation computed on the basis of the degree of such partial loss of use, payable for the number of weeks applicable to total loss or loss of use of that body member or physical function.
C. In cases of actual amputation of the arm or leg, the workers' compensation judge in his discretion may award compensation benefits in excess of those provided in Subsection A of this section if there is substantial evidence to support a finding that, because of the worker's advanced age, lack of education or lack of training, he has in fact a partial disability which will disable him longer than the time specified in the schedule in Subsection A of this section. The additional compensation period may not in any event exceed twice the time specified in the schedule in Subsection A of this section for such injury.
D. In determining the worker's compensation benefits payable to a worker under this section for a disability resulting from a scheduled injury, the worker is entitled to be compensated as provided in Subsection A of this section up to the date the worker is released from regular treatment by his primary treating health care provider, as defined in Section 52-4-1 NMSA 1978, if he is in fact totally disabled during that time. Any compensation paid up to that date shall be in addition to the compensation allowed under Subsection A of this section, but in no event shall any worker be entitled to compensation for a period in excess of seven hundred weeks.