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Workers Need Not Be Fired for Willful Misconduct to Lose Entitlement to TTD

Wednesday, January 3, 2024 | 0

The New Mexico Court of Appeals ruled that a worker fired for poor performance was terminated for misconduct unrelated to her injury. Case: Martin v. New Mexico Mutual Casualty Co., No. A-1-CA-39609, 12/21/2023, published. Facts: Gabriela Martin worked as a claims processing clerk for New Mexico Mutual Casualty Co. In October 2017, she filed a notice of injury from repetitive motions related to her work. NMMC provided her with medical care, and she continued to work. In December 2017, NMMC placed Martin on a performance improvement plan due to work issues. Martin completed the plan, bu...

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