SM 73
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A MEMORIAL
REQUESTING A REVIEW AND RECONSIDERATION OF "LOSS OF USE"
COMPENSATION UNDER THE WORKERS' COMPENSATION ACT.
WHEREAS, the current law assigning a fixed time period
to a schedule of benefits under the Workers' Compensation Act
is very specific; and
WHEREAS, the compensation for loss of use of a body part
is not always considered in the assignment of impairment; and
WHEREAS, such assignment of impairment should be based
consistently upon the most recent edition of the American
medical association's Guides to the Evaluation of Permanent
Impairment; and
WHEREAS, the loss of use may be considered in the
evaluation in awarding benefits, but there currently is a
lack of objective criteria for such evaluation;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE
STATE OF NEW MEXICO that the director of the workers'
compensation administration be requested to appoint and
convene a task force to review the current law and valuation
of "loss of use" of various parts of the body; and
BE IT FURTHER RESOLVED that the task force include
representatives of labor, business, the insurance industry
and workers' compensation attorneys; and
BE IT FURTHER RESOLVED that the task force report to an