In this case, prior to the injury, the Worker had begun preparations for retirement, being eligible for his union retirement pension due to age and years of service. The Worker retired after he was injured and was unable to accept a post-retirement job offer due to his injuries. The legal issues facing the Court were whether Worker, despite retiring, was entitled to modifier-based PPD benefits and whether the Worker’s retirement was reasonable and thus did not preclude him from receiving modifier-based PPD benefits. The Court ruled in favo
r of the Worker, that he was entitled to modifier-based PPD benefits despite his decision to retire, finding the retirement reasonable.
Vialpando v. Ben’s Auto. Servs.
In the case of Vialpando v. Ben’s Automotive Services and Redwood Fire and Casualty, the New Mexico Court of Appeals ordered Mr. Vialpando’s employer and insurer to reimburse him for medical cannabis recommended by his treating physician. Mr. Vialpando, an auto body repair man, suffers from severe chronic pain after numerous back surgeries failed to improve the pain he suffered from an on-the-job back injury in 2001. After receiving recommendations for enrollment in New Mexico’s medical cannabis program from two physicians, including a pain specialist, he was accepted into the program, which is run by the New Mexico Department of Health. After his worker’s compensation insurer refused to reimburse him for the medical cannabis, a workers’ compensation judge ordered the insurer to reimburse Mr. Vialpando and the New Mexico Court of Appeals affirmed the ruling. The case is believed to be the first in the nation in which an appellate court ordered an insurer to reimburse a worker for medical cannabis.
Esckelson v. Miners’ Colfax Med. Ctr.
In the case of Esckelson v. Miners’ Colfax Med. Ctr. the New Mexico Court of Appeals ruled that Ms. Esckelson, a non-participating victim of a horseplay incident was entitled to receive workers’ compensation benefits. Ms. Eskelson was injured when a co-worker picked her up off the ground by her neck. The employer refused to pay for her surgery or time off work, stating that the claim was barred because the injuries resulted from horseplay.
Lewis v. Am. Gen. Media
In this case, the Court ruled in favor of the Worker that the use of medical marijuana by Worker constitutes reasonable and necessary medical care requiring reimbursement under the Workers’ Compensation Act; and that there was no conflict between New Mexico and federal law concerning the use of medical marijuana in treatment. The court emphasized New Mexico’s clear public policy expressed in the Compassionate Use Act and noted the lack of federal enforcement priority on medical marijuana as reasons for its decision.