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 N.M. Stat. Ann., for the following periods:

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Terms Used In New Mexico Statutes 52-1-43

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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 N.M. Stat. Ann., 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.