(Download) "Montez V. J & B Radiator Inc." by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Montez V. J & B Radiator Inc.
- Author : New Mexico Court of Appeals
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Claimant Elaine Montez appeals a Disposition Order of the Workers' Compensation Division awarding her 5% permanent partial disability. She raises two issues involving the interim Workmen's Compensation Act, NMSA 1978, §§ 52-1-1 to 52-1-68 (Orig. Pamp. & Cum. Supp. 1986) (Interim Act). She claims (1) that Section 52-1-25 (Cum. Supp. 1986), as it existed between May 21, 1986, and June 19, 1987,*fn1 violates claimant's right to equal protection and is therefore unconstitutional; and (2) that Sections 52-1-25 and 52-1-42 (Cum. Supp. 1986), as they existed between those same dates, do not limit permanent partial disability to the American Medical Association's (AMA) guidelines for permanent impairment. As to the first issue, we hold that Section 52-1-25 does not raise equal protection issues because the Interim Act did not create separate classes of workers. As to the second issue, we hold that the language of Section 52-1-25 evinces the legislature's intent that partial disability be determined according to the AMA guidelines. Nothing in that section purports to give the hearing officer discretion to determine the percentage of disability differently. Therefore, we affirm.