Compensation for Disability

Compensation for disability shall be paid to the employee as follows:

(a)Permanent total disability. In case of total disability, adjudged to be permanent, sixty-six and two- COL5/12/2020 CH. 9 WORKER’S COMPENSATION thirds (66-2/3) per centum of his average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two

(2)thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases, permanent total disability shall be determined in accordance with the facts.

(b)Temporary total disability. In case of disability total in character but temporary in quality, sixty-six and twothird (66-2/3) per centum of the average weekly wages shall be paid to the employee during the continuance thereof.

(c)Permanent partial disability. In case of disability partial in character but permanent in quality, the compensation shall be sixty-six and two-thirds (66-2/3) per centum of the average weekly wages, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with subsection

(b)or subsection

(e)of this section respectively and shall be paid to the employee as follows:

(1)Arm lost, two hundred eighty

(280)weeks compensation.

(2)Leg lost, two hundred forty-eight

(248)weeks compensation.

(3)Hand lost, two hundred twelve

(212)weeks compensation.

(4)Foot lost, one hundred seventy-three

(173)weeks compensation.

(5)Eye lost, one hundred forty

(140)weeks compensation.

(6)Thumb compensation. COL5/12/2020 lost, fifty-one

(51)weeks CH. 9 WORKER’S COMPENSATION

(7)First finger lost, twenty-eight

(28)weeks compensation.

(8)Great toe lost, twenty-six

(26)weeks compensation.

(9)Second finger lost, eighteen

(18)weeks compensation.

(10)Third finger lost, seventeen

(17)weeks compensation.

(11)Toe other than great toe lost, eight

(8)weeks compensation.

(12)Fourth finger lost, seven

(7)weeks compensation.

(13)Loss of hearing. Compensation for loss of hearing of one

(1)ear, fifty-two

(52)weeks. Compensation for loss of hearing of both ears, two hundred

(200)weeks.

(14)Phalanges. Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the first phalange of a digit shall be one-half (1/2) of the compensation for loss of the entire digit.

(15)Amputated arm or leg. Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist or the knee and the ankle, compensation shall be the same as for loss of a hand or foot.

(16)Binocular vision or per centum of vision. Compensation for loss of binocular vision or for eighty

(80)per centum or more of the vision of an eye shall be the same as for loss of the eye.

(17)Two

(2)or more digits. compensation for loss of two

(2)or more digits, or one

(1)or more COL5/12/2020 CH. 9 WORKER’S COMPENSATION phalanges of two

(2)or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot.

(18)Total loss of use. Compensation for permanent total loss of use of a member shall be the same as for loss of the member.

(19)Partial loss or partial loss of use. Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member.

(20)Disfigurement. The Commissioner shall award proper and equitable compensation for serious, permanent disfigurement of the face, head, or other parts of the body that are customarily visible in the course of employment, not to exceed Twenty-five Thousand Dollars ($25,000).

(21)Other cases. In all other cases of permanent partial disability the compensation shall be two-thirds (2/3) of the difference between the employee's average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability; provided that, compensation payments shall be subject to reconsideration as to the degree of such impairment by the Commissioner on his own motion or upon application of any party in interest.

(22)In any case in which there shall be a loss of, or loss of use of, more than one

(1)member or parts of more than one member set forth in paragraphs

(1)to

(19)of this subsection, not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively, except that where the injury affects only two

(2)or more COL5/12/2020 CH. 9 WORKER’S COMPENSATION digits of the same hand or foot, paragraph

(17)of this subsection shall apply.

(d)An award for disability may be made after the death of the injured employee. Any compensation to which any deceased claimant would be entitled under subsection (c), excepting paragraph (c-21), shall, notwithstanding death arising from cause other than the injury, be payable to and for the benefit of the persons following:

(1)If there be surviving wife or dependent husband, and no child of the deceased under the age of eighteen

(18)years, to such wife or dependent husband.

(2)If there be a surviving wife or dependent husband, and surviving child or children of the deceased under the age of eighteen

(18)years, one-half (1/2) shall be payable to the surviving wife or dependent husband and the other half to the surviving child or children.

(3)The Commissioner may in his discretion require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment for such a purpose shall not be necessary.

(4)If there be a surviving child or children of the deceased under the age of eighteen

(18)years, but no surviving wife or dependent husband, then to such child or children.

(e)Temporary partial disability. In case of temporary partial disability resulting in decrease of earning capacity, the compensation shall be two-thirds (2/3) of the difference between the injured employee's average weekly wages before the injury and his wage-earning capacity after the injury in the same or another employment. Compensation shall be paid during the continuance of such disability, not longer than five

(5)years. COL5/12/2020 CH. 9 WORKER’S COMPENSATION

(f)Injury increasing disability.

(1)if an employee receives an injury which of itself would only cause permanent partial disability but which, combined with a previous disability, does in fact cause permanent total disability, the employer shall provide compensation only for the disability caused by the subsequent injury: Provided, however, that in addition to compensation for such permanent partial disability, and after the cessation of the payments for the prescribed period of weeks, the employee shall be paid the remainder of the compensation that would be due for permanent total disability. Such additional compensation shall be paid out of the special fund establish in § 9143.

(2)In all other cases in which, following a previous disability, an employee receive an injury which is not covered by

(1)of this subsection, the employer shall provide compensation only for the disability caused by the subsequent injury. In determining compensation for the subsequent injury or for death resulting therefrom, the average weekly wages shall be such sum as will reasonably represent the earning capacity of the employee at the time of the subsequent injury.

(g)Maintenance for employees undergoing vocational rehabilitation. An employee who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and two under the direction of the Commission, as provided by § 9141(c) of this Title, is being rendered fit to engage in a remuneration occupation shall receive additional compensation necessary for his maintenance, but such additional compensation shall not exceed Fifty dollars ($50.00) per week.

(h)The wage-earning capacity of an injured employee in cases of partial disability under subsection (c)(21) of this section or under subsection

(e)of this section shall be COL5/12/2020 CH. 9 WORKER’S COMPENSATION determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity: Provided that, if the employee has no actual earnings or if his actual earnings do not fairly and reasonably represent his wage-earning capacity, the Commissioner may, in the interest of justice, fix such wage-earning capacity as shall be reasonable, having due regard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition including the effect of disability as it may naturally extend into the future.

(i)In cases under subsection (c)(21) and subsection

(e)of this section, whenever the commissioner determines that it is for the best interest of an injured employee entitled to compensation, he may, with the approval of the Commission, approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of § 9116(b) and § 9117 of this Title; provided, that the sum so agreed upon shall be payable in installments as provided in § 9115(b), which installments shall be subject to commutation under § 9115(j); and provided further, that if the employee should die from causes other than the injury after the Commissioner has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subsection, to and for the benefit of the persons enumerated in subsection

(d)of this section.