Can You Be Arrested for Driving Under the Influence of Marijuana in New Mexico?
Short answer? Yes. Even though marijuana is legal for adults in New Mexico, driving while impaired by it is still against the law—and officers have the authority to arrest you if they believe you’re under the influence.
Let’s break down how this works and what you need to know if you’ve been charged with a marijuana-related DWI.
Marijuana Is Legal—But Impairment Still Matters
Just like alcohol, marijuana is legal for adults to use recreationally. But also like alcohol, it becomes a crime when it affects your ability to drive safely.
Under New Mexico law, driving while even slightly impaired by any drug—whether it’s marijuana, a prescription medication, or something illegal—is considered Driving Under the Influence (DUI).
And it doesn’t take much. If an officer sees signs that your mental or physical ability to drive is affected in any way, that can be enough to justify an arrest.
There’s No “Legal Limit” Like Alcohol
Unlike alcohol (where .08 BAC is the legal threshold), marijuana has no clear-cut number that proves or disproves impairment.
Yes, there are reference points in New Mexico statute (such as 50 ng/mL for THC metabolites), but these aren’t hard legal limits. Even a small amount of THC in your blood can trigger suspicion—and it can stay in your system for days or weeks after use, long after the impairment has worn off.
What really matters is how you appear and behave behind the wheel.
So How Can Officers Tell if I’m High?
Police in New Mexico look for certain behaviors and indicators that suggest marijuana impairment. These may include:
Bloodshot or watery eyes
Slurred speech
Slowed reaction times
Difficulty following directions
Unsteady balance
The smell of marijuana in the car
Visible marijuana or paraphernalia
Driving errors (weaving, crossing lanes, delayed starts)
If these signs are present, officers may arrest you for DWI—even without a breathalyzer result or a blood test.
What About Drug Tests?
There are blood and urine tests that detect marijuana use. However:
THC can remain in your blood for 12–24 hours, even longer for regular users
Some tests detect only metabolites, which don’t indicate recent use or impairment
No test currently measures real-time impairment the way alcohol breath tests do
Because of this, officer observations often carry more weight than a drug test in marijuana DWI cases. All of these observations will be captured on video from the officer’s dashboard camera and the body camera on his or her person.
What’s the Penalty for a Marijuana DWI?
The penalties for marijuana-related DWIs in New Mexico are the same as alcohol-based DWIs:
First offense: Up to 90 days in jail, a fine up to $500, license revocation, and mandatory ignition interlock
Subsequent offenses: Harsher penalties, including longer license revocations, mandatory jail time, and possible felony charges for a fourth (or more) conviction.
You will also be required to complete community service, attend drug education classes, and install an ignition interlock device if convicted by a court.
Can Officers Just Assume I’m High?
Officers can’t arrest you just because marijuana is present in your system. But if your driving behavior is unsafe and you show signs of impairment, they have probable cause to act—even if it’s based on observations rather than a test of a precise THC level.
Some officers are trained as Drug Recognition Experts (DREs) who use a multi-step process to evaluate whether someone is impaired by drugs. Their testimony can be powerful in court—even without chemical evidence.
What Should You Do If You’re Arrested?
If you’ve been charged with driving under the influence of marijuana, your case is defensible—but you need legal help fast.
At the Victor Titus Law Firm in Farmington, we understand how frustrating it is to face DWI charges when you weren’t drunk—and maybe weren’t even impaired. We’ll review the officer’s report, challenge weak evidence, and fight to protect your license and your record.
Contact us now at (505) 326-6503 for a free consultation. Don’t let unclear laws and outdated science determine your future.
What Happens to Your Driver’s License After a DWI in New Mexico? Here’s What You Need to Know
If you’ve been charged with a DWI, one of your biggest concerns is probably your driver’s license. Can you keep it? How long will it be suspended? What happens if you need to drive to work?
At Victor Titus Law Firm in Farmington, we help people every day who are facing DWI charges and are overwhelmed by confusing rules from the Motor Vehicle Division (MVD). Below is a clear guide to what happens to your license—and how we can help you get back on the road.
DWI in New Mexico: Two Processes, Two Penalties
It’s important to understand that every DWI case has two parts:
The criminal case, which happens in court
The civil/administrative case, handled by the MVD
These are separate and can have different outcomes—even if one goes away, the other might still impact your driver’s license.
What the MVD Looks At
First, you must request a hearing with the MVD and pay a fee to secure your license during this process. In your administrative MVD hearing, the officer only has to prove four things:
They had reason to believe you were driving under the influence
You were arrested
The hearing happened within 90 days of the arrest
You either refused a breath test or your test results were over the legal limit (.08 for adults, .04 for CDL holders, .02 for minors)
How Long Can You Lose Your License?
Here’s what you’re looking at for a revocation period in New Mexico:
Implied Consent (Civil Revocation)
Refusing the test (adult or juvenile): 1 year
Failing the test, first offense: 6 months
Second or later offense: 1 year. The length of revocation goes up with each subsequent offense.
Criminal Convictions
Criminal convictions also result in a revocation of your driver’s license, even if you win the MVD hearing. The penalties for criminal convictions are as follows:
1st offense: 1 year
2nd: 2 years
3rd: 3 years
4th or more: Lifetime revocation
Can You Get an Interlock License?
Yes. Even if your license is revoked, New Mexico law allows you to apply for an Ignition Interlock License. This lets you drive legally if you:
Install an interlock device in your vehicle
Show proof of insurance
Maintain a clean driving record with the device for at least six consecutive months
Important: If your license lapses or you downgrade to a regular ID, your six-month clock resets and you may have to do more time with your interlock installed. Do not have the interlock taken out of your vehicle until the MVD gives you permission to do so.
Getting Your License Back
Once your revocation period ends, here’s what you’ll need to do:
Drive with an interlock license/device for six months with no violations immediately prior to getting your regular driver’s license.
Pay a reinstatement fee
Possibly retake your written and driving tests (if revoked for more than 5 years)
If you’re under a long-term or lifetime denial, you’ll need to petition a district court to restore your license
Special Situations
Already moved out of state?
You still have to pay the reinstatement fee if you want a clean driving record.
Was your offense reduced in court?
MVD doesn’t go by court reductions. It only looks at how many DWIs are on your record.
Judge said it would be dismissed later?
A DWI conviction stays on your MVD record even if the court defers and later dismisses the case. Once you plead guilty or are found guilty, it’s on your record. This includes convictions in all states and reservation courts if they report to the national registry.
Need to fix an error on your record?
You can request a document review by mailing your info to:
New Mexico MVD, P.O. Box 1028, Santa Fe, NM 87504-1028 (Attn: Document Review)
No fee required.
Time Limits and Appeals
You must request your MVD hearing within 10 days of receiving the Notice of Revocation and pay the required fee with your request.
While waiting for the hearing, you may continue driving unless other suspensions apply. The Notice of Revocation given to you by the arresting officer is your license until the decision following the MVD hearing.
Let Us Help
Trying to sort through all of this alone can feel impossible. At Victor Titus Law Firm, we’re here to help you understand your rights, defend your case, and guide you through both the criminal and administrative DWI processes.
If your license is at risk—or if you’ve already lost it—contact us now at (505) 326-6503 for a free consultation. Let’s talk about how we can help you get back on the road and move your life forward.
How the Workers’ Compensation Legal Process Works in New Mexico: What to Expect After Filing a Claim
If you are injured on the job, New Mexico law requires you to notify your employer in writing of the date of your injury, how you were injured, and to what body part the injury occurred. The employer has 30 days to investigate before benefits are payable.
If you’ve been injured on the job and you’re receiving workers’ compensation benefits, it’s natural to feel uncertain about what comes next. At the Victor Titus Law Firm in Farmington, we know this can be a confusing and stressful time. You may be wondering:
Will I lose my job?
Will I keep getting benefits?
What if something changes?
What happens if we have to go to court?
How long will benefits be paid or medical care be provided?
This guide is here to walk you through what to expect during the legal process, from filing a complaint to potential settlement. Our goal is to help you feel informed and supported every step of the way.
When You’re Receiving Benefits
If you have given written notice of your injury to employer but no benefits are being provided, you need to contact a lawyer immediately.
If you’re already receiving disability checks and getting appropriate medical treatment, that’s a good start. During this time, our team will collect your medical records, payroll history, and documentation of the benefits you’ve received to make sure you’re getting all of the benefits you deserve. This ensures that if anything changes—like if benefits stop or medical care is denied—we are ready to act quickly on your behalf.
Filing a Complaint with the Workers’ Compensation Administration (WCA)
The WCA acts as the court for the determination of any disputes in what medical or money benefits should be paid. If your benefits are cut off unfairly or you’re not getting the treatment you need, we can file a formal Complaint with the WCA. Once this is filed, the system kicks into motion:
The WCA will schedule a mediation conference, usually held over Zoom, within about 60 days.
At mediation, both sides—you and your employer’s insurance company—will present evidence and attempt to come to an agreement.
This step is designed to resolve disputes without a trial. However, not all mediations end in agreement. If you and the insurance company can’t settle, the mediator will issue a Recommended Resolution (RR) in writing to both parties.
What Happens After Mediation
Once the RR is issued, each party has 30 days to accept or reject it:
If both sides accept, the RR becomes binding and enforceable by the WCA.
If either side rejects, the RR is of no effect and the case proceeds to trial.
Going to Trial
If the case isn’t settled through mediation, it will be assigned to a Workers’ Compensation Judge for a formal hearing. This is not a quick process. It can take six to nine months to get a trial date. Including the initial mediation timeline and RR review period, it can take a year or more to receive a final decision if a case goes to trial.
Throughout this time, our team stays in close contact with you, keeping you informed and prepared for each step.
Understanding the Benefits You May Receive
Even while the legal process unfolds, we work to ensure you get the benefits you’re entitled to. Here are a few key terms we often explain to clients:
Temporary Disability is money paid to you until you reach maximum medical improvement (MMI). This is usually two-thirds of your average weekly wage, based on your income before the injury. If you earned $750/week before taxes, your comp rate, if totally disabled, would be $500/week (because comp benefits are not taxed).
Permanent Partial Disability: After MMI, your injury may still limit your abilities. Benefits depend on whether the injury is to a “scheduled” body part (like a leg or hand) or “non-scheduled” (like your back or shoulder).
Example: If a knee injury results in permanent loss of function, your payout may be based on the degree of use lost in the injured body part over a scheduled number of weeks. This is payable whether you work or not.
Offsets: If you received unemployment or kept working in some capacity after your injury, those earnings may reduce your weekly benefit amount.
These calculations can get complicated—we’re here to make sure everything is done fairly and legally.
What If You Choose to Settle?
Many (but not all) workers’ compensation cases end in a lump-sum settlement. This means agreeing to close your case in exchange for a one-time payment. Before this can happen, a settlement hearing must be held and the settlement must be approved by a judge.
The hearing is usually a short formality, but it’s important. The judge will ask questions to make sure you:
Are not under the influence of anything that affects your judgment
Understand the terms of the settlement
Know that you’re giving up the right to reopen your case later—even if your condition gets worse
Have had the chance to discuss everything with your attorney
This is your chance to speak honestly. If the judge believes the agreement is fair and that you understand what you’re agreeing to, they will approve the settlement.
One situation that will prevent a lump settlement is if you are on or may soon qualify for Medicare if you have or plan to apply for social security or medicare within 30 months of settlement. In this situation, special rules apply—including restrictions on using Medicare to pay for future treatment related to your work injury (which can be Medicare fraud). We will walk you through these rules to avoid any legal issues.
Let Us Guide You
At Victor Titus Law Firm, we take pride in standing beside injured workers throughout the Four Corners region. We understand the legal system, but more importantly, we understand the stress and pain you’re going through.
You deserve to be treated fairly. You deserve medical care that helps you heal. And you deserve every penny of compensation the law allows.
If you’re not sure what to do next, or if your benefits have been denied or delayed, contact us today at (505) 326-6503 for a free consultation.
We’ll help you make sense of the system and fight for what’s right.
Workers' Compensation Benefits in New Mexico: What Injured Workers in Farmington Need to Know
If you’ve been injured on the job in New Mexico, you're likely facing more than just physical pain. You’re asking the hard question: “How do I pay my bills?” You may be overwhelmed by medical bills, worried about lost income, and unsure where to turn next. The good news is that you may be entitled to workers' compensation benefits to help ease the burden and provide the support you need during your recovery.
At the Victor Titus Law Firm in Farmington, we work with injured workers throughout San Juan County to ensure they receive the full range of benefits they deserve. Below is a helpful overview of the key types of compensation that may be available to you. Understanding these categories is the first step toward protecting your rights and securing your future.
Medical Benefits: Coverage for the Care You Need
If you were hurt at work, your employer’s workers' compensation insurance is responsible for covering your medical treatment. This includes doctor visits, hospital stays, surgery, physical therapy, and prescriptions. It also covers travel expenses to and from medical appointments.
In New Mexico, your employer has the right to choose your initial treating physician and must inform you in writing what their choice is. However, if you're unhappy with your care or feel a second opinion is needed, you may request a change of the doctor they choose. We can help guide you through that process.
Temporary Total Disability (TTD): Financial Support While You Heal
When a workplace injury temporarily prevents you from doing your job, you may qualify for Temporary Total Disability benefits. These payments are meant to partially replace your income while you're unable to work.
In New Mexico, TTD benefits generally amount to 2/3 of your average weekly wage. If your average gross wages per week was $900 before your injury, you'd receive about $600 per week while you're recovering. There is a 7-day waiting period before benefits begin, but if you're out of work for more than 28 days, you can receive retroactive pay for those first 7 days as well.
These benefits continue until you're cleared by your doctor to return to work or you reach a point of Maximum Medical Improvement (or MMI — the point at which your doctor determines that your condition has stabilized and is not expected to significantly improve with further treatment.
If you return to work before MMI, you may be entitled to worker's compensation benefits if earning less than your pre-injury wages.
Permanent Partial Disability (PPD): Compensation for Lasting Limitations
When your recovery plateaus, the doctor will declare you are at MMI (maximum medical imporvement). Sometimes, even after you recover as much as medically possible, you may still be left with permanent limitations. Maybe you can't lift as much as you used to, or perhaps you've lost strength or range of motion in a joint. In these cases, you may qualify for Permanent Partial Disability benefits.
PPD compensation is based on the body part injured, which may be payable even if doesn’t affect your ability to earn income. For spine, shoulder, or hip injuries, New Mexico uses a formula that takes into account your injury, your age, education, and how the injury impacts your future work, based on reduced lifting capacity for these body parts maximum weeks payable is 500 weeks if the disability is 79% or less or 700 weeks if the disability is 80% or more. If the injury is to your arm (elbow, wrist, or hand), leg (knee, ankle, or foot), the payments are based on loss of function of that body part. These are two very different determinations. These payments are designed to provide compensation for a loss that may affect you for the rest of your life.
Permanent Total Disability (PTD): Lifetime Benefits for the Most Severe Injuries
If your injury is so serious that you can't return to any kind of gainful employment, you may be eligible for Permanent Total Disability benefits. These are typically reserved for the most catastrophic cases—such as losing both hands or feet, total blindness or a 30% brain impairment that result in permanently eliminating your ability to work.
PTD benefits are paid for life and reflect the seriousness of your condition. If you or a loved one may qualify, we can help ensure every legal protection is in place to secure these lifetime benefits.
Scheduled Injuries: Specific Compensation for Specific Losses
New Mexico law includes a schedule that outlines how much compensation is awarded for the loss of use of certain body parts. For example, the loss of a hand, arm, leg, or eye comes with a fixed number of weeks of compensation (150 weeks for a knee or 115 for an ankle, for example).
Even partial losses are included in this schedule—such as reduced function in a limb as a result of loss of strength, motion, or how it affects your every day routine. This part of the system can be confusing, but our team can calculate what you may be owed and ensure you’re not shortchanged.
Vocational Rehabilitation
If your injury prevents you from returning to the type of work you did before, workers' compensation does not provide vocational rehabilitation for job retraining, educational opportunities, or job placement assistance to help you re-enter the workforce in a new capacity.
We understand how discouraging it can feel when your old job is no longer an option. The State of New Mexico has a Division of Vocational Rehabilitation (DVR) that provides the resources you need to explore new opportunities and secure the support you need to rebuild your future. However, the Workers’ Compensation Administration (WCA) has absolutely no control over DVR benefits.
Death Benefits: Financial Help for Grieving Families
In the tragic event that a worker loses their life due to a workplace injury or illness, their surviving dependents may be entitled to benefits. These include weekly wage replacement payments and funding for funeral and burial expenses. Widow’s benefits can be paid for 700 weeks (or until remarriage) and children may receive benefits so long as they remain in school, even after age 18 or high school graduation.
Nothing can make up for such a loss, but these benefits are intended to ease the financial burden on families during a devastating time. If you’ve lost a loved one, we are here to help you navigate this process with care and compassion.
Lump-Sum Settlements: A One-Time Payment Option
Three situations can result in a lump-sum payment:
Settling all issues for one sum of money.
Advance of future payments to pay debt accumulated during your disability.
Advance of impairment-based benefits if you have returned to work for over six months at or above your pre-injury wages.
In some cases, you may choose to receive a lump-sum payment instead of ongoing weekly benefits. Lump-sum settlements must be approved by a judge and should be carefully considered, as they may close your claim permanently.
Before agreeing to any settlement, speak with a qualified attorney. We'll make sure the terms are in your best interest and that no important benefits are being left on the table.
We’re Here to Help You Get What You Deserve
You didn’t ask to be injured. Now you're facing a complicated legal system while trying to recover. At the Victor Titus Law Firm, we want you to know you're not alone.
With over 40 years of experience representing injured workers in Farmington and across the Four Corners region, we know how to fight for every benefit you're owed. From denied claims to unfair settlements to delays in medical care, we step in and get results.
Injured at Work? Contact Us Today.
Let us help you through this difficult time. If you've been hurt on the job, contact the Victor Titus Law Firm at (505) 326-6503 or visit us at 2021 E. 20th Street in Farmington. Your consultation is free, and there's no obligation.
We're here to make sure you get the compensation and peace of mind you deserve.
What to Expect if You’ve Been Charged with DUI in Farmington, NM — and How Victor Titus Law Firm Can Challenge the Evidence
Facing a DUI charge in Farmington, NM or anywhere in San Juan County can be overwhelming. At the Victor Titus Law Firm, we understand the gravity of your situation and are here to provide the experienced legal representation you need. If you’re in this situation, you might be wondering what an attorney can do for you. While this isn’t a comprehensive list, these are some of things I look for in defending your case:
Challenging Field Sobriety Tests (FSTs):
Standardized Field Sobriety Tests (FSTs) are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS), which are commonly used by law enforcement in New Mexico. However, these tests are not infallible. Our firm will scrutinize the administration of these tests, considering factors such as:
The officer’s training and ability to properly administer the tests
Environmental conditions (e.g., uneven pavement, inappropriate footwear)
Your medical conditions or medications that could affect balance or coordination
Examining the Legality of the Traffic Stop:
A crucial aspect of DUI defense is assessing whether the initial traffic stop was lawful. We will investigate:
Whether there was reasonable suspicion to initiate the stop
If the stop was based on behavior that isn’t illegal
Dashcam footage that may contradict the officer’s claims
If the officer expanded the encounter beyond reason for initial stop
Analyzing Chemical Testing and Implied Consent:
Under New Mexico law, drivers must be advised of their rights when asked to submit to chemical testing of either breath or blood. However, Miranda Warnings including the right to remain silent or right to have a lawyer do not apply in a DUI investigation prior to arrest. Our firm will evaluate:
Whether the officer read the correct advisory form
If the required 20-minute observation period was observed before administering a breath test
The certification and maintenance records of the testing device (e.g., Intoxilyzer 9000)
If the test result complied with all state laws or regulations.
Assessing Officer Conduct and Observations:
Subjective observations by officers, such as the smell of alcohol or slurred speech, can be challenged. We will consider alternative explanations for these observations, including:
Medical conditions or fatigue causing bloodshot eyes or unsteady gait
Non-alcoholic substances mimicking the smell of alcohol
Why Choose Victor Titus Law Firm:
With over 40 years of legal experience, Victor Titus has built a reputation as a formidable advocate for his clients. The Victor Titus Law Firm offers:
Extensive courtroom experience and familiarity with the local legal system
Personalized legal strategies tailored to each client’s unique situation
A proven track record of achieving favorable outcomes in DUI cases
Contact Us:
If you are facing DUI charges in Farmington or the surrounding areas, don’t navigate this challenging time alone. Contact the Victor Titus Law Firm at (505) 326-6503 or visit our office at 2021 E. 20th Street, Farmington, NM 87401, for a free initial consultation.
Note: This blog post is intended for informational purposes only and does not constitute legal advice. For personalized legal guidance, call our firm today.
New Mexico Court of Appeals Upholds Dismissal in State v. Davidson: A Landmark Decision on Prosecutorial Misconduct
In a significant ruling, the New Mexico Court of Appeals has upheld the dismissal of second-degree murder charges against John Marlowe Davidson, citing repeated violations of orders, rules, and constitutional pretrial obligations by the state.
The original dismissal decision — argued by Victor A. Titus on behalf of Davidson, and granted by District Judge David Pederson — was made in light of misconduct and negligence by the state and Farmington Police that included mishandling evidence, withholding evidence, and eavesdropping on confidential attorney-client conversations by the police.
The Court of Appeals decision to uphold this dismissal is an important victory in protecting the rights of defendants and ensuring proper conduct by the state during criminal proceedings.
Background of the Case
On August 20, 2020, Davidson fatally shot Justin Tapaha and claimed self-defense. Davidson was charged with second-degree murder and shooting from a motor vehicle causing great bodily harm.
During the pretrial proceedings however, multiple instances of misconduct and negligence by the state were encountered that seriously damaged the defendant’s ability to mount a fair and effective defense. These included:
1. Withholding Important Evidence: The state repeatedly failed to turn over vital evidence, including the contents of Davidson’s 911 call and witness statements supporting his self-defense claim.
2. Eavesdropping on Attorney-Client Conversations: The police monitored and recorded Davidson’s privileged conversations with his attorney, despite assurances to the contrary. This egregious violation of Davidson’s Sixth Amendment rights severely compromised his ability to mount an effective defense.
3. Loss of Surveillance Video: The police failed to preserve a high-quality surveillance video from a mobile home park, which was crucial to Davidson’s self-defense claim. The police initially collected this video but later reported it lost, a move the court found to be either intentional or grossly negligent.
Victor A. Titus argued successfully that these repeated violations by the state warranted the dismissal of charges, which the court granted.
The decision was appealed by the State and Davidson was represented on appeal by the public defender. The case was fully briefed and reviewed by the New Mexico Court of Appeals who upheld the original dismissal decision, and reemphasized the seriousness of the violations by the state in the case.
Why This Case Matters
This ruling serves as a crucial reminder of the importance of respecting the constitutional rights of defendants, and that the police don’t always “do the right thing.” The decision also highlights the importance of working with an experienced defense attorney, like Victor A. Titus, who vigorously advocated for his clients’ rights and ensured that justice was served by the local courts.
To review the Court of Appeals decision, read State v. Davidson here.
For more information on how Victor A. Titus can assist you with your legal needs, especially in cases involving complex criminal defense issues, please contact our office for a consultation.
Supreme Court Decision: “Workers’ Compensation Caps For Mental Impairments Are Unconstitutional”
Victor A. Titus secures victory in landmark case that protects benefits for secondary mental injuries resulting from on-the-job physical injuries.
Historic Ruling: Mental Injuries at Work Now Equally Compensated as Physical Ones Under Workers’ Compensation - Victor A. Titus Wins Landmark Case
Victor A. Titus represented Ana Lilia Cardenas in a case before the New Mexico Supreme Court in Aztec Municipal Schools v. Cardenas which resulted in a landmark decision that overturned the state’s limits set on secondary mental injuries that result from a physical injury while on the job.
Cardenas, a special education teacher, was physically injured on the job and also suffered a psychological injury from the event, but was denied proper compensation for the subsequent mental injury. The Tri-City Record reported on the case saying:
On Jan. 21, 2016, special education teacher Ana Lilia Cardenas injured her left knee while trying to restrain a student in a chair at Aztec Municipal Schools, according to court records. The student allegedly fought with Cardenas, and the chair tipped over and hurt her knee. A doctor found the knee injury caused mental harm.
Workers’ Compensation Administration Judge Reginald Woodard in March 2019 awarded Cardenas 150 weeks of benefits for her knee. Monday’s ruling struck down the part of the law which limited her benefits for the damage to her mind to the maximum allowed for her knee.
The Supreme Court of New Mexico ruling says that the caps placed on benefits for secondary mental impairments resulting from a physical injury by the Workers’ Compensation Act violate the equal protection clause in the New Mexico Constitution.
The decision states:
A secondary mental impairment is “a mental illness resulting from a physical impairment caused by an accidental injury arising out of and in the course of the employment.” … A physical impairment has only a single definition regardless of whether it is the original work-related injury or a subsequent physical injury. But it has long been recognized that a subsequent physical impairment caused by the initial work-related injury is compensable under the Act as a separate injury. … It follows that workers with secondary mental impairments are similarly situated to workers with subsequent physical impairments because they both suffered separate compensable injuries caused by initial work-related injuries and the effect of the injury is the same in that it impairs workers’ capacities to perform work and prevents them from earning a wage because of an on-the-job accident. … For these reasons, we conclude that workers with secondary mental impairments are similarly situated to workers with subsequent physical impairments under the Act.
The caps on compensation for secondary mental injuries allowed employers to pay less compensation to workers for secondary injuries that resulted from an on-the-job injury.
The effect of this decision is that hard-working New Mexicans across the state will now receive the benefits they need while unable to work due a job-related mental impairment resulting from a work-related injury.
Victor A. Titus said during the hearing:
“New Mexico has been at the forefront of affording greater protection for mental disabilities … Mental disabilities have been treated differently and that cannot be consistent with equal protection law in our state.”
To review the full opinion, it can be found at Aztec Municipal Schools v. Cardenas (2024-NMSC-015).
If you are looking for an attorney to fight for your rights and the benefits you deserve in your workers’ compensation case, contact the Victor Titus Law Firm here: