52-1-25. Permanent total disability.
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/nm/chapter-52-workers-compensation/article-1-workers-compensation/52-1-25A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. As used in the Workers' Compensation Act, "permanent total disability" means:
(1)the permanent and total loss or loss of use of both hands or both arms or both feet or both legs or both eyes or any two of them; or
(2)a brain injury resulting from a single traumatic work-related injury that causes, exclusive of the contribution to the impairment rating arising from any other impairment to any other body part, or any preexisting impairments of any kind, a permanent impairment of thirty percent or more as determined by the current American medical association guide to the evaluation of permanent impairment.
B. In considering a claim for total disability, a workers' compensation judge shall not receive or consider the testimony of a vocational rehabilitation provider offered for the purpose of determining the existence or extent of disability.
History: 1978 Comp., § 52-1-25, enacted by Laws 1987, ch. 235, § 11; 1990 (2nd S.S.), ch. 2, § 9; 2003, ch. 265, § 1.