Supreme court Decision: “Workers’ Compensation Caps For Mental Impairments Are Unconstitutional”
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 supreme court case 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 mental 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 (No. S-1-SC-39225) 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.”
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: