before July 1, 1997, six hundred forty-two dollars ($642).
(5) With respect to injuries occurring on or after July 1, 1997, and
before July 1, 1998, six hundred seventy-two dollars ($672).
(6) With respect to injuries occurring on or after July 1, 1998, and
before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to injuries occurring on or after July 1, 1999, and
before July 1, 2000, seven hundred thirty-two dollars ($732).
(8) With respect to injuries occurring on or after July 1, 2000, and
before July 1, 2001, seven hundred sixty-two dollars ($762).
(9) With respect to injuries occurring on or after July 1, 2001, and
before July 1, 2002, eight hundred twenty-two dollars ($822).
(10) With respect to injuries occurring on or after July 1, 2002,
and before July 1, 2007, eight hundred eighty-two dollars ($882).
(11) With respect to injuries occurring on or after July 1,
2007, nine hundred fifty-four dollars ($954).
shall in no case exceed the average weekly wages of the employee at
the time of the injury. In computing compensation for temporary total
disability, temporary partial disability and total permanent disability
under this law with respect to injuries occurring on and after July 1,
1976, and before July 1, 1977, the average weekly wages shall be
considered to be (1) not more than one hundred fifty-six dollars ($156)
and (2) not less than seventy-five dollars ($75). However, the weekly
compensation payable shall not exceed the average weekly wages of
the employee at the time of the injury. In computing compensation for
temporary total disability, temporary partial disability, and total
permanent disability, with respect to injuries occurring on and after July
1, 1977, and before July 1, 1979, the average weekly wages are
considered to be (1) not more than one hundred eighty dollars ($180);
and (2) not less than seventy-five dollars ($75). However, the weekly
compensation payable may not exceed the average weekly wages of the
employee at the time of the injury. In computing compensation for
temporary total disability, temporary partial disability, and total
permanent disability, with respect to injuries occurring on and after July
1, 1979, and before July 1, 1980, the average weekly wages are
considered to be (1) not more than one hundred ninety-five dollars
($195), and (2) not less than seventy-five dollars ($75). However, the
weekly compensation payable shall not exceed the average weekly
wages of the employee at the time of the injury. In computing
compensation for temporary total disability, temporary partial
disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1980, and before July 1, 1983, the
average weekly wages are considered to be (1) not more than two
hundred ten dollars ($210), and (2) not less than seventy-five dollars
($75). However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury. In
computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1983, and before July 1, 1984, the
average weekly wages are considered to be (1) not more than two
hundred thirty-four dollars ($234) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1984, and before July 1, 1985,
the average weekly wages are considered to be (1) not more than two
hundred forty-nine dollars ($249) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1985, and before July 1, 1986,
the average weekly wages are considered to be:
(1) not more than two hundred sixty-seven dollars ($267); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(b) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1986, and before July 1, 1988,
the average weekly wages are considered to be:
(1) not more than two hundred eighty-five dollars ($285); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(c) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1988, and before July 1, 1989,
the average weekly wages are considered to be:
(1) not more than three hundred eighty-four dollars ($384); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(d) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1989, and before July 1, 1990,
the average weekly wages are considered to be:
(1) not more than four hundred eleven dollars ($411); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(e) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1990, and before July 1, 1991,
the average weekly wages are considered to be:
(1) not more than four hundred forty-one dollars ($441); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(f) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1991, and before July 1, 1992,
the average weekly wages are considered to be:
(1) not more than four hundred ninety-two dollars ($492); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(g) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1992, and before July 1, 1993,
the average weekly wages are considered to be:
(1) not more than five hundred forty dollars ($540); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(h) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1993, and before July 1, 1994,
the average weekly wages are considered to be:
(1) not more than five hundred ninety-one dollars ($591); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(i) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1994, and before July 1, 1997,
the average weekly wages are considered to be:
(1) not more than six hundred forty-two dollars ($642); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(b) (j) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, the average
weekly wages are considered to be:
(1) with respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672); and
(B) not less than seventy-five dollars ($75);
(2) with respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999:
(A) not more than seven hundred two dollars ($702); and
(B) not less than seventy-five dollars ($75);
(3) with respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000:
(A) not more than seven hundred thirty-two dollars ($732); and
(B) not less than seventy-five dollars ($75);
(4) with respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001:
(A) not more than seven hundred sixty-two dollars ($762); and
(B) not less than seventy-five dollars ($75);
(5) with respect to injuries occurring on and after July 1, 2001,
and before July 1, 2002:
(A) not more than eight hundred twenty-two dollars ($822);
and
(B) not less than seventy-five dollars ($75); and
(6) with respect to injuries occurring on and after July 1, 2002,
and before July 1, 2007:
(A) not more than eight hundred eighty-two dollars ($882);
and
(B) not less than seventy-five dollars ($75); and
(7) with respect to injuries occurring on and after July 1,
2007:
(A) not more than nine hundred fifty-four dollars ($954);
and
(B) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(c) For the purpose of this section only and with respect to injuries
occurring on and after July 1, 1971, and prior to July 1, 1974, only, the
term "dependent" as used in this section shall mean persons defined as
presumptive dependents under section 19 of this chapter, except that
such dependency shall be determined as of the date of the injury to the
employee.
(d) With respect to any injury occurring on and after April 1, 1955,
and prior to April 1, 1957, the maximum compensation exclusive of
medical benefits, which shall be paid for an injury under any provisions
of this law or under any combination of its provisions shall not exceed
twelve thousand five hundred dollars ($12,500) in any case. With
respect to any injury occurring on and after April 1, 1957 and prior to
April 1, 1963, the maximum compensation exclusive of medical
benefits, which shall be paid for an injury under any provision of this
law or under any combination of its provisions shall not exceed fifteen
thousand dollars ($15,000) in any case. With respect to any injury
occurring on and after April 1, 1963, and prior to April 1, 1965, the
maximum compensation exclusive of medical benefits, which shall be
paid for an injury under any provision of this law or under any
combination of its provisions shall not exceed sixteen thousand five
hundred dollars ($16,500) in any case. With respect to any injury
occurring on and after April 1, 1965, and prior to April 1, 1967, the
maximum compensation exclusive of medical benefits which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed twenty thousand dollars ($20,000) in any
case. With respect to any injury occurring on and after April 1, 1967,
and prior to July 1, 1971, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any provision
of this law or any combination of provisions shall not exceed
twenty-five thousand dollars ($25,000) in any case. With respect to any
injury occurring on and after July 1, 1971, and prior to July 1, 1974, the
maximum compensation exclusive of medical benefits which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed thirty thousand dollars ($30,000) in any
case. With respect to any injury occurring on and after July 1, 1974,
and before July 1, 1976, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any provision
of this law or any combination of provisions shall not exceed forty-five
thousand dollars ($45,000) in any case. With respect to an injury
occurring on and after July 1, 1976, and before July 1, 1977, the
maximum compensation, exclusive of medical benefits, which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed fifty-two thousand dollars ($52,000) in
any case. With respect to any injury occurring on and after July 1,
1977, and before July 1, 1979, the maximum compensation, exclusive
of medical benefits, which may be paid for an injury under any
provision of this law or any combination of provisions may not exceed
sixty thousand dollars ($60,000) in any case. With respect to any injury
occurring on and after July 1, 1979, and before July 1, 1980, the
maximum compensation, exclusive of medical benefits, which may be
paid for an injury under any provisions of this law or any combination
of provisions may not exceed sixty-five thousand dollars ($65,000) in
any case. With respect to any injury occurring on and after July 1,
1980, and before July 1, 1983, the maximum compensation, exclusive
of medical benefits, which may be paid for an injury under any
provisions of this law or any combination of provisions may not exceed
seventy thousand dollars ($70,000) in any case. With respect to any
injury occurring on and after July 1, 1983, and before July 1, 1984, the
maximum compensation, exclusive of medical benefits, which may be
paid for an injury under any provisions of this law or any combination
of provisions may not exceed seventy-eight thousand dollars ($78,000)
in any case. With respect to any injury occurring on and after July 1,
1984, and before July 1, 1985, the maximum compensation, exclusive
of medical benefits, which may be paid for an injury under any
provisions of this law or any combination of provisions may not exceed
eighty-three thousand dollars ($83,000) in any case.
(k) With respect to any injury occurring on and after July 1, 1985,
and before July 1, 1986, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed
eighty-nine thousand dollars ($89,000) in any case.
(l) With respect to any injury occurring on and after July 1, 1986,
and before July 1, 1988, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed
ninety-five thousand dollars ($95,000) in any case.
(m) With respect to any injury occurring on and after July 1, 1988,
and before July 1, 1989, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred twenty-eight thousand dollars ($128,000) in any case.
(n) With respect to any injury occurring on and after July 1, 1989,
and before July 1, 1990, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred thirty-seven thousand dollars ($137,000) in any case.
(o) With respect to any injury occurring on and after July 1, 1990,
and before July 1, 1991, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred forty-seven thousand dollars ($147,000) in any case.
(p) With respect to any injury occurring on and after July 1, 1991,
and before July 1, 1992, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred sixty-four thousand dollars ($164,000) in any case.
(q) With respect to any injury occurring on and after July 1, 1992,
and before July 1, 1993, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred eighty thousand dollars ($180,000) in any case.
(r) With respect to any injury occurring on and after July 1, 1993,
and before July 1, 1994, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred ninety-seven thousand dollars ($197,000) in any case.
(s) With respect to any injury occurring on and after July 1, 1994,
and before July 1, 1997, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed two
hundred fourteen thousand dollars ($214,000) in any case.
(e) (t) The maximum compensation, exclusive of medical benefits,
that may be paid for an injury under any provision of this law or any
combination of provisions may not exceed the following amounts in
any case:
(1) With respect to an injury occurring on and after July 1, 1997,
and before July 1, 1998, two hundred twenty-four thousand
dollars ($224,000).
(2) With respect to an injury occurring on and after July 1, 1998,
and before July 1, 1999, two hundred thirty-four thousand dollars
($234,000).
(3) With respect to an injury occurring on and after July 1, 1999,
and before July 1, 2000, two hundred forty-four thousand dollars
($244,000).
(4) With respect to an injury occurring on and after July 1, 2000,
and before July 1, 2001, two hundred fifty-four thousand dollars
($254,000).
(5) With respect to an injury occurring on and after July 1, 2001,
and before July 1, 2002, two hundred seventy-four thousand
dollars ($274,000).
to July 1, 1971, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty percent (60%) of the employee's average weekly wages for a
period not to exceed five hundred (500) weeks. Compensation shall be
allowed for the first seven (7) calendar days only if the disability
continues for longer than twenty-eight (28) days.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty percent (60%) of the employee's average weekly wages, as
defined in section 19 of this chapter, for a period not to exceed five
hundred (500) weeks. Compensation shall be allowed for the first seven
(7) calendar days only if the disability continues for longer than
twenty-eight (28) days.
For disablements occurring on and after July 1, 1974, and before
July 1, 1976, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty-six and two-thirds percent (66 2/3%) of the employee's average
weekly wages, up to one hundred thirty-five dollars ($135) average
weekly wages, as defined in section 19 of this chapter, for a period not
to exceed five hundred (500) weeks. Compensation shall be allowed for
the first seven (7) calendar days only if the disability continues for
longer than twenty-one (21) days.
(e) For disablements occurring on and after July 1, 1976, from
occupational disease resulting in temporary total disability for any work
there shall be paid to the disabled employee during the temporary total
disability weekly compensation equal to sixty-six and two-thirds
percent (66 2/3%) of the employee's average weekly wages, as defined
in section 19 of this chapter, for a period not to exceed five hundred
(500) weeks. Compensation shall be allowed for the first seven (7)
calendar days only if the disability continues for longer than twenty-one
(21) days.
(f) For disablements occurring on and after April 1, 1951, and prior
to July 1, 1971, from occupational disease resulting in temporary partial
disability for work there shall be paid to the disabled employee during
such disability a weekly compensation equal to sixty percent (60%) of
the difference between the employee's average weekly wages and the
weekly wages at which the employee is actually employed after the
disablement, for a period not to exceed three hundred (300) weeks.
Compensation shall be allowed for the first seven (7) calendar days
only if the disability continues for longer than twenty-eight (28) days.
In case of partial disability after the period of temporary total disability,
the later period shall be included as part of the maximum period
allowed for partial disability.
wages, not to exceed one hundred twenty-five dollars ($125) average
weekly wages, for the period stated for the disabilities.
(g) For disabilities occurring on and after July 1, 1979, and before
July 1, 1988, from occupational disease in the following schedule set
forth in subsection (j), the employee shall receive in addition to
disability benefits, not exceeding fifty-two (52) weeks on account of the
occupational disease, a weekly compensation of sixty percent (60%) of
the employee's average weekly wages, not to exceed one hundred
twenty-five dollars ($125) average weekly wages, for the period stated
for the disabilities.
(h) For disabilities occurring on and after July 1, 1988, and before
July 1, 1989, from occupational disease in the following schedule set
forth in subsection (j), the employee shall receive in addition to
disability benefits, not exceeding seventy-eight (78) weeks on account
of the occupational disease, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred sixty-six dollars ($166) average weekly wages, for the period
stated for the disabilities.
(i) For disabilities occurring on and after July 1, 1989, and before
July 1, 1990, from occupational disease in the following schedule set
forth in subsection (j), the employee shall receive in addition to
disability benefits, not exceeding seventy-eight (78) weeks on account
of the occupational disease, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred eighty-three dollars ($183) average weekly wages, for the
period stated for the disabilities.
(j) For disabilities occurring on and after July 1, 1990, and before
July 1, 1991, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed two hundred dollars ($200) average
weekly wages, for the period stated for the disabilities.
(1) Amputations: For the loss by separation, of the thumb, sixty
(60) weeks; of the index finger, forty (40) weeks; of the second
finger, thirty-five (35) weeks; of the third or ring finger, thirty
(30) weeks; of the fourth or little finger, twenty (20) weeks; of the
hand by separation below the elbow, two hundred (200) weeks; of
the arm above the elbow joint, two hundred fifty (250) weeks; of
the big toe, sixty (60) weeks; of the second toe, thirty (30) weeks;
of the third toe, twenty (20) weeks; of the fourth toe, fifteen (15)
weeks; of the fifth or little toe, ten (10) weeks; of the foot below
the knee joint, one hundred fifty (150) weeks; and of the leg above
the knee joint, two hundred (200) weeks. The loss of more than
one (1) phalange of a thumb or toe shall be considered as the loss
of the entire thumb or toe. The loss of more than two (2)
phalanges of a finger shall be considered as the loss of the entire
finger. The loss of not more than one (1) phalange of a thumb or
toe shall be considered as the loss of one-half (1/2) of the thumb
or toe and compensation shall be paid for one-half (1/2) of the
period for the loss of the entire thumb or toe. The loss of not more
than two (2) phalanges of a finger shall be considered as the loss
of one-half (1/2) the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) Loss of Use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be considered
as the equivalent of the loss by separation of the arm, hand,
thumb, finger, leg, foot, toe, or phalange and the compensation
shall be paid for the same period as for the loss thereof by
separation.
(3) Partial Loss of Use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use of
such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(4) For disablements for occupational disease resulting in total
permanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight of
both eyes, or any two (2) of such losses resulting from the same
disablement by occupational disease, five hundred (500) weeks.
(6) For the permanent and complete loss of vision by enucleation
of an eye or its reduction to one-tenth (1/10) of normal vision with
glasses, one hundred fifty (150) weeks, and for any other
permanent reduction of the sight of an eye, compensation shall be
paid for a period proportionate to the degree of such permanent
reduction without correction or glasses. However, when such
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, but correction or
glasses would result in restoration of vision, then compensation
shall be paid for fifty percent (50%) of such total loss of vision
without glasses plus an additional amount equal to the
proportionate amount of such reduction with glasses, not to
exceed an additional fifty percent (50%).
(7) For the permanent and complete loss of hearing, two hundred
(200) weeks.
(8) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's compensation
board, not exceeding five hundred (500) weeks.
(9) In all cases of permanent disfigurement, which may impair the
future usefulness or opportunities of the employee, compensation
in the discretion of the worker's compensation board, not
exceeding two hundred (200) weeks, except that no compensation
shall be payable under this paragraph where compensation shall
be payable under subdivisions (1) through (8). Where
compensation for temporary total disability has been paid, this
amount of compensation shall be deducted from any
compensation due for permanent disfigurement.
(k) With respect to disablements in the following schedule occurring
on and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the disablement, compensation
in an amount determined under the following schedule to be paid
weekly at a rate of sixty-six and two-thirds percent (66 2/3%) of the
employee's average weekly wages during the fifty-two (52) weeks
immediately preceding the week in which the disablement occurred:
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger, eight
(8) degrees of permanent impairment; of the second finger, seven
(7) degrees of permanent impairment; of the third or ring finger,
six (6) degrees of permanent impairment; of the fourth or little
finger, four (4) degrees of permanent impairment; of the hand by
separation below the elbow joint, forty (40) degrees of permanent
impairment; of the arm above the elbow, fifty (50) degrees of
permanent impairment; of the big toe, twelve (12) degrees of
permanent impairment; of the second toe, six (6) degrees of
permanent impairment; of the third toe, four (4) degrees of
permanent impairment; of the fourth toe, three (3) degrees of
permanent impairment; of the fifth or little toe, two (2) degrees of
permanent impairment; of separation of the foot below the knee
joint, thirty-five (35) degrees of permanent impairment; and of the
leg above the knee joint, forty-five (45) degrees of permanent
impairment.
(2) Amputations occurring on or after July 1, 1997: For the loss
by separation of any of the body parts described in subdivision (1)
on or after July 1, 1997, the dollar values per degree applying on
the date of the injury as described in subsection (h) (l) shall be
multiplied by two (2). However, the doubling provision of this
subdivision does not apply to a loss of use that is not a loss by
separation.
(3) The loss of more than one (1) phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of
more than two (2) phalanges of a finger shall be considered as the
loss of the entire finger. The loss of not more than one (1)
phalange of a thumb or toe shall be considered as the loss of
one-half (1/2) of the degrees of permanent impairment for the loss
of the entire thumb or toe. The loss of not more than one (1)
phalange of a finger shall be considered as the loss of one-third
(1/3) of the finger and compensation shall be paid for one-third
(1/3) of the degrees payable for the loss of the entire finger. The
loss of more than one (1) phalange of the finger but not more than
two (2) phalanges of the finger shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the degrees payable for the loss of the entire
finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
thirty-five (35) degrees of permanent impairment.
(6) For the permanent and complete loss of hearing in one (1) ear,
fifteen (15) degrees of permanent impairment, and in both ears,
forty (40) degrees of permanent impairment.
(7) For the loss of one (1) testicle, ten (10) degrees of permanent
impairment; for the loss of both testicles, thirty (30) degrees of
permanent impairment.
(8) Loss of use: The total permanent loss of the use of an arm, a
hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall be
considered as the equivalent of the loss by separation of the arm,
hand, thumb, finger, leg, foot, toe, or phalange, and compensation
shall be paid in the same amount as for the loss by separation.
However, the doubling provision of subdivision (2) does not apply
to a loss of use that is not a loss by separation.
(9) Partial loss of use: For the permanent partial loss of the use of
an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss of
the use of the arm, hand, thumb, finger, leg, foot, toe, or phalange.
(10) For disablements resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(11) For any permanent reduction of the sight of an eye less than
a total loss as specified in subdivision (5), the compensation shall
be paid in an amount proportionate to the degree of a permanent
reduction without correction or glasses. However, when a
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, then compensation
shall be paid for fifty percent (50%) of the total loss of vision
without glasses, plus an additional amount equal to the
proportionate amount of the reduction with glasses, not to exceed
an additional fifty percent (50%).
(12) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subdivision (6),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(13) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation board,
not exceeding one hundred (100) degrees of permanent
impairment.
(14) In all cases of permanent disfigurement which may impair the
future usefulness or opportunities of the employee, compensation,
in the discretion of the worker's compensation board, not
exceeding forty (40) degrees of permanent impairment except that
no compensation shall be payable under this subdivision where
compensation is payable elsewhere in this section.
(h) (l) With respect to disablements occurring on and after July 1,
1991, compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the disablement
determined under subsection (d) (k) and the following:
(1) With respect to disablements occurring on and after July 1,
1991, and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), nine hundred dollars ($900) per
degree; for each degree of permanent impairment above fifty (50),
one thousand five hundred dollars ($1,500) per degree.
(2) With respect to disablements occurring on and after July 1,
1992, and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), eight hundred dollars ($800)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
above fifty (50), one thousand seven hundred dollars ($1,700) per
degree.
(3) With respect to disablements occurring on and after July 1,
1993, and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars ($500)
per degree; for each degree of permanent impairment from eleven
(11) to twenty (20), seven hundred dollars ($700) per degree; for
each degree of permanent impairment from twenty-one (21) to
thirty-five (35), one thousand dollars ($1,000) per degree; for each
degree of permanent impairment from thirty-six (36) to fifty (50),
one thousand four hundred dollars ($1,400) per degree; for each
degree of permanent impairment above fifty (50), one thousand
seven hundred dollars ($1,700) per degree.
(4) With respect to disablements occurring on and after July 1,
1997, and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
(5) With respect to disablements occurring on and after July 1,
1998, and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
(6) With respect to disablements occurring on and after July 1,
1999, and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars ($900)
per degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand one hundred dollars ($1,100)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand six hundred dollars
($1,600) per degree; for each degree of permanent impairment
above fifty (50), two thousand dollars ($2,000) per degree.
(7) With respect to disablements occurring on and after July 1,
2000, and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to disablements occurring on and after July 1,
2001, and before July 1, 2007, for each degree of permanent
impairment from one (1) to ten (10), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred dollars ($1,500) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand four
hundred dollars ($2,400) per degree; for each degree of permanent
impairment above fifty (50), three thousand dollars ($3,000) per
degree.
(9) With respect to disablements occurring on and after July
1, 2007, for each degree of permanent impairment from one
(1) to ten (10), one thousand five hundred dollars ($1,500) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand seven hundred dollars
($1,700) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), two thousand seven hundred
dollars ($2,700) per degree; for each degree of permanent
impairment above fifty (50), three thousand three hundred
dollars ($3,300) per degree.
(i) (m) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (g)
(k) and (h) (l) shall not exceed the following:
(1) With respect to disablements occurring on or after July 1,
1991, and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to disablements occurring on or after July 1,
1992, and before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to disablements occurring on or after July 1,
1993, and before July 1, 1994, five hundred ninety-one dollars
($591).
(4) With respect to disablements occurring on or after July 1,
1994, and before July 1, 1997, six hundred forty-two dollars
($642).
(5) With respect to disablements occurring on or after July 1,
1997, and before July 1, 1998, six hundred seventy-two dollars
($672).
(6) With respect to disablements occurring on or after July 1,
1998, and before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to disablements occurring on or after July 1,
1999, and before July 1, 2000, seven hundred thirty-two dollars
($732).
(8) With respect to disablements occurring on or after July 1,
2000, and before July 1, 2001, seven hundred sixty-two dollars
($762).
(9) With respect to injuries occurring on or after July 1, 2001, and
before July 1, 2002, eight hundred twenty-two dollars ($822).
(10) With respect to injuries occurring on or after July 1, 2002,
and before July 1, 2007, eight hundred eighty-two dollars ($882).
(11) With respect to injuries occurring on or after July 1,
2007, nine hundred fifty-four dollars ($954).
(j) (n) If any employee, only partially disabled, refuses employment
suitable to his the employee's capacity procured for him, he the
employee, the employee shall not be entitled to any compensation at
any time during the continuance of such refusal unless, in the opinion
of the worker's compensation board, such refusal was justifiable. The
employee must be served with a notice setting forth the consequences
of the refusal under this subsection. The notice must be in a form
prescribed by the worker's compensation board.
(k) (o) If an employee has sustained a permanent impairment or
disability from an accidental injury other than an occupational disease
in another employment than that in which he the employee suffered a
subsequent disability from an occupational disease, such as herein
specified, the employee shall be entitled to compensation for the
subsequent disability in the same amount as if the previous impairment
or disability had not occurred. However, if the permanent impairment
or disability resulting from an occupational disease for which
compensation is claimed results only in the aggravation or increase of
a previously sustained permanent impairment from an occupational
disease or physical condition regardless of the source or cause of such
previously sustained impairment from an occupational disease or
physical condition, the board shall determine the extent of the
previously sustained permanent impairment from an occupational
disease or physical condition as well as the extent of the aggravation or
increase resulting from the subsequent permanent impairment or
disability, and shall award compensation only for that part of said
occupational disease or physical condition resulting from the
subsequent permanent impairment. An amputation of any part of the
body or loss of any or all of the vision of one (1) or both eyes caused
by an occupational disease shall be considered as a permanent
impairment or physical condition.
(l) (p) If an employee suffers a disablement from occupational
disease for which compensation is payable while the employee is still
receiving or entitled to compensation for a previous injury by accident
or disability by occupational disease in the same employment, he the
employee shall not at the same time be entitled to compensation for
both, unless it be for a permanent injury, such as specified in subsection
(g)(1), (g)(4), (g)(5), (g)(8), or (g)(9); (k)(1), (k)(4), (k)(5), (k)(8), or
(k)(9), but the employee shall be entitled to compensation for that
disability and from the time of that disability which will cover the
longest period and the largest amount payable under this chapter.
(m) (q) If an employee receives a permanent disability from
occupational disease such as specified in subsection (g)(1), (g)(4),
(g)(5), (g)(8), or (g)(9) (k)(1), (k)(4), (k)(5), (k)(8), or (k)(9) after
having sustained another such permanent disability in the same
employment the employee shall be entitled to compensation for both
such disabilities, but the total compensation shall be paid by extending
the period and not by increasing the amount of weekly compensation
and, when such previous and subsequent permanent disabilities, in
combination result in total permanent disability or permanent total
impairment, compensation shall be payable for such permanent total
disability or impairment, but payments made for the previous disability
or impairment shall be deducted from the total payment of
compensation due.
(n) When an employee has been awarded or is entitled to an award
of compensation for a definite period under this chapter for disability
from occupational disease, which disablement occurs on and after April
1, 1951, and prior to April 1, 1963, and such employee dies from any
other cause than such occupational disease, payment of the unpaid
balance of such compensation, not exceeding three hundred (300)
weeks, shall be made to the employee's dependents of the second and
third class as defined in sections 11 through 14 of this chapter, and
compensation, not exceeding five hundred (500) weeks, shall be made
to the employee's dependents of the first class as defined in sections 11
through 14 of this chapter. (r) When an employee has been awarded or
is entitled to an award of compensation for a definite period from an
occupational disease wherein disablement occurs on and after April 1,
1963, and such employee dies from other causes than such occupational
disease, payment of the unpaid balance of such compensation not
exceeding three hundred fifty (350) weeks shall be paid to the
employee's dependents of the second and third class as defined in
sections 11 through 14 of this chapter and compensation, not exceeding
five hundred (500) weeks shall be made to the employee's dependents
of the first class as defined in sections 11 through 14 of this chapter.
(o) (s) Any payment made by the employer to the employee during
the period of the employee's disability, or to the employee's dependents,
which, by the terms of this chapter, was not due and payable when
made, may, subject to the approval of the worker's compensation board,
be deducted from the amount to be paid as compensation, but such
deduction shall be made from the distal end of the period during which
compensation must be paid, except in cases of temporary disability.
(p) (t) When so provided in the compensation agreement or in the
award of the worker's compensation board, compensation may be paid
semimonthly, or monthly, instead of weekly.
(q) (u) When the aggregate payments of compensation awarded by
agreement or upon hearing to an employee or dependent under eighteen
(18) years of age do not exceed one hundred dollars ($100), the
payment thereof may be made directly to such employee or dependent,
except when the worker's compensation board shall order otherwise.
(v) Whenever the aggregate payments of compensation, due to any
person under eighteen (18) years of age, exceed one hundred dollars
($100), the payment thereof shall be made to a trustee, appointed by the
circuit or superior court, or to a duly qualified guardian, or, upon the
order of the worker's compensation board, to a parent or to such minor
person. The payment of compensation, due to any person eighteen (18)
years of age or over, may be made directly to such person.
(r) (w) If an employee, or a dependent, is mentally incompetent, or
a minor at the time when any right or privilege accrues to the employee
under this chapter, the employee's guardian or trustee may, in the
employee's behalf, claim and exercise such right and privilege.
(s) (x) All compensation payments named and provided for in this
section, shall mean and be defined to be for only such occupational
diseases and disabilities therefrom as are proved by competent
evidence, of which there are or have been objective conditions or
symptoms proven, not within the physical or mental control of the
employee. himself.
disability, and total permanent disability under this law with respect to
occupational diseases occurring:
(1) on and after July 1, 1974, and before July 1, 1976, the average
weekly wages shall be considered to be:
(A) not more than one hundred thirty-five dollars ($135); and
(B) not less than seventy-five dollars ($75);
(2) on and after July 1, 1976, and before July 1, 1977, the average
weekly wages shall be considered to be:
(A) not more than one hundred fifty-six dollars ($156); and
(B) not less than seventy-five dollars ($75);
(3) on and after July 1, 1977, and before July 1, 1979, the average
weekly wages are considered to be:
(A) not more than one hundred eighty dollars ($180); and
(B) not less than seventy-five dollars ($75);
(4) on and after July 1, 1979, and before July 1, 1980, the average
weekly wages are considered to be:
(A) not more than one hundred ninety-five dollars ($195); and
(B) not less than seventy-five dollars ($75);
(5) on and after July 1, 1980, and before July 1, 1983, the average
weekly wages are considered to be:
(A) not more than two hundred ten dollars ($210); and
(B) not less than seventy-five dollars ($75);
(6) on and after July 1, 1983, and before July 1, 1984, the average
weekly wages are considered to be:
(A) not more than two hundred thirty-four dollars ($234); and
(B) not less than seventy-five dollars ($75); and
(7) on and after July 1, 1984, and before July 1, 1985, the average
weekly wages are considered to be:
(A) not more than two hundred forty-nine dollars ($249); and
(B) not less than seventy-five dollars ($75).
(b) (a) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1985, and before
July 1, 1986, the average weekly wages are considered to be:
(1) not more than two hundred sixty-seven dollars ($267); and
(2) not less than seventy-five dollars ($75).
(c) (b) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1986, and before
July 1, 1988, the average weekly wages are considered to be:
(1) not more than two hundred eighty-five dollars ($285); and
(2) not less than seventy-five dollars ($75).
(d) (c) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1988, and before
July 1, 1989, the average weekly wages are considered to be:
(1) not more than three hundred eighty-four dollars ($384); and