A. The range of the age modification is one to five. The modification is based upon the worker's age at the time of the disability rating.
B. For a worker who is:
(1) forty-four years old or younger, one point shall be awarded;
(2) forty-five to forty-nine years old, two points shall be awarded;
(3) fifty to fifty-four years old, three points shall be awarded;
(4) fifty-five to fifty-nine years old, four points shall be awarded; and
(5) sixty years old or older, five points shall be awarded.
History: 1978 Comp., § 52-1-26.2, enacted by Laws 1990 (2nd S.S.), ch. 2, § 13; 2001, ch. 87, § 2.
The 2001 amendment, effective July 1, 2001, changed the range of age modification from "zero to four" to "one to five" in Subsection A and increased the point values by one throughout Subsection B.
Time for determination of age modification points. — Age modification points were properly assigned on the basis of the worker's age at the time of the disability rating by the worker's compensation judge, not on the date she reached "maximum medical improvement." Levario v. Ysidro Villareal Labor Agency, 1995-NMCA-133, 120 N.M. 734, 906 P.2d 266.
Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
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