2019 New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 3 - Occupational Disease Disablement
Section 52-3-43 - When occupational disease aggravated by other diseases.

Where an occupational disease is aggravated by any other disease or infirmity not itself compensable, or where disablement or death from any other cause not itself compensable is aggravated, prolonged, accelerated or in any wise contributed to by an occupational disease, the compensation payable under this act shall be reduced and limited to such proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disablement or death, as such occupational disease as a causative factor bears to all the causes of such disablement or death, such reduction to be effected by reducing the number of weekly payments.

History: 1941 Comp., § 57-1130, enacted by Laws 1945, ch. 135, § 30; 1953 Comp., § 59-11-31.

Compiler's notes. — For the meaning of "this act", see 52-3-1 NMSA 1978 and compiler's notes thereto.

Reduction in benefits provided for by this section is for occupational disease aggravated by other disease or infirmity "not itself compensable" and for "other cause not itself compensable" which is aggravated by an occupational disease. Vincent v. United Nuclear-Homestake Partners, 1976-NMCA-105, 89 N.M. 704, 556 P.2d 1180, cert. denied, 90 N.M. 7, 558 P.2d 619.

Benefits awarded for psychological symptoms. — An award of benefits for "depression," the effect of toxic solvent syndrome, was not error. This section applies only when a worker's occupational disease either aggravates or is aggravated by a noncompensable disease. Benefits can be awarded however, for psychological symptoms of a compensable disease. Bryant v. Lear Siegler Mgmt. Servs. Corp., 1993-NMCA-052, 115 N.M. 502, 853 P.2d 753, cert. denied, 115 N.M. 535, 854 P.2d 362.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 99 C.J.S. Workmen's Compensation § 298.