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Connick v. County of Bernalillo2/9/1998
{1} This workers' compensation case presents a question of first impression. We decide whether a worker who is receiving permanent partial disability benefits may legally continue to receive those benefits, in whole or in part, after being convicted and incarcerated for the commission of a felony. We hold that during the period of his incarceration, the worker may continue to receive that portion of benefits attributed to his physical impairment, but he is not entitled to have those benefits enhanced by the statutory modifiers of NMSA 1978, Section 52-1-26 (1990) (effective Jan. 1, 1991) which are designed to measure employment capacity. Because the Claimant in this case was awarded full benefits to continue even while in prison, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
BACKGROUND
{2} Claimant was injured in 1991. Eventually, Claimant was assigned an impairment rating of 22%, and he received additional benefits based on the statutory modifiers of Section 52-1-26, for a total compensation calculated at 46% of his pre-injury wage. Subsequently, Claimant pleaded guilty to the second-degree murder of his wife, and on May 15, 1995 Claimant was sentenced to a six-year term in prison and was incarcerated. Prior to being imprisoned, Claimant had received a favorable determination from the Social Security Administration which had awarded him total disability benefits. By operation of federal law, however, those benefits were suspended for the duration of Claimant's incarceration. See 42 U.S.C.A. 402(x)(1)(A)(I) (1994).
{3} Upon Claimant's incarceration, Employer reduced Claimant's benefits to 22%, reflecting Claimant's physical impairment rating. Claimant filed a complaint with the Workers' Compensation Administration to increase the benefits back to 46%. The workers' compensation Judge (WCJ) entered a finding of undisputed fact that, prior to his incarceration, Claimant had attempted to return to work at a comparable wage but could not perform the job offered because of his physical limitations. Claimant's petition stated that he had not been able to return to work since his injury in 1991. On cross-motions for summary judgment, the WCJ awarded Claimant permanent partial disability benefits of 46% to continue during his incarceration. Employer appeals that judgment, arguing that Claimant's incarceration should have suspended all benefits during the period of his incarceration, or, in the alternative, that if Claimant remains entitled to any benefits, they should be restricted to those based solely on the impairment rating of 22%.
ANALYSIS
{4} The Workers' Compensation Act (the Act) does not offer explicit guidance in this situation. Claimant argues there is no affirmative, statutory authority for Employer suspending benefits during incarceration. While silence in the Act with respect to this specific situation may be significant, the Act does not leave us totally without guidance, and further, we are not persuaded that the Act should be read so literally that its legislative intent is frustrated. See . We look first to the legislative purpose implicit in the statutory scheme.
{5} The Act is the result of a legislative balancing in which employers are subject to liability without fault for work-related injuries and a worker's remedy against an employer, for a work-related injury, is limited to the compensation provided in the Act. See NMSA 1978, 52-1-9 (1973); . New Mexico has adopted a workers' compensation scheme based on evaluating the loss of earning capacity. See . Loss of earning capacity attempts to reconcile a pure wage-loss theory and a pure physical-impairment theory. See . In e
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