TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 4

BENEFITS

72-428.  Scheduled income benefits for loss or losses of use of bodily members. An employee who suffers a permanent disability less than total and permanent shall, in addition to the income benefits payable during the period of recovery, be paid income benefits for such permanent disability in an amount equal to fifty-five percent (55%) of the average weekly state wage stated against the following scheduled permanent impairments respectively:

(1)  Amputations of Upper Extremities

Forequarter amputation

Disarticulation at shoulder joint

Amputation of arm above deltoid insertion

Amputation of arm between deltoid

  insertion and elbow joint

Disarticulation at elbow joint

Amputation of forearm below elbow joint

  proximal to insertion of biceps tendon

Amputation of forearm below elbow joint

  distal to insertion of biceps tendon

Disarticulation at wrist joint

Midcarpal or mid-metacarpal

  amputation of hand

Amputation of all fingers except thumb

  at metacarpophalangeal joints

Amputation of thumb

At metacarpophalangeal joint

or with resection of

carpometacarpal bone

At interphalangeal joint

Amputation of index finger

At metacarpophalangeal joint

or with resection of metacarpal bone

At proximal interphalangeal joint

At distal interphalangeal joint

Amputation of middle finger

At metacarpophalangeal joint or with

resection of metacarpal bone

At proximal interphalangeal joint

At distal interphalangeal joint

Amputation of ring finger

At metacarpophalangeal joint or with

resection of metacarpal bone

At proximal interphalangeal joint

At distal interphalangeal joint

Amputation of little finger

At metacarpophalangeal joint or with

resection of metacarpal bone

At proximal interphalangeal joint

At distal interphalangeal joint

(2)  Amputations of Lower Extremities

Hemipelvectomy

Disarticulation at hip joint

Amputation above knee joint with

  short thigh stump (3" or less

  below tuberosity of ischium) 

Amputation above knee joint

  with functional stump

Disarticulation at knee joint

Gritti-Stokes amputation

Amputation below knee joint with

  short stump (3" or less below

  intercondylar notch) 

Amputation below knee joint with

  functional stump

Amputation at ankle (Syme) 

Partial amputation of foot (Chopart’s) 

Mid-metatarsal amputation

Amputation of all toes

  At metatarsophalangeal joints

Amputation of great toe

  With resection of metatarsal bone

  At metatarsophalangeal joint

  At interphalangeal joint

Amputation of lesser toe (2nd-5th)

  With resection of metatarsal bone

  At metatarsophalangeal joint

  At proximal interphalangeal joint

  At distal interphalangeal joint

(3)  Loss of Vision and Hearing

Total loss of vision of one eye 

Loss of one eye by enucleation 

Total loss of binaural hearing 

(4)  Total loss of use. Income benefits payable for permanent disability attributable to permanent total loss of use or comparable total loss of use of a member shall not be less than as for the loss of the member.

(5)  Partial loss or partial loss of use. Income benefits payable for permanent partial disability attributable to permanent partial loss or loss of use, of a member shall be not less than for a period as the permanent impairment attributable to the partial loss or loss of use of the member bears to total loss of the member.

(6)  Delay in rating. Following the period of recovery, a permanently disabled employee who has been afforded vocational retraining under a rehabilitation program shall be rated for permanent impairment only until completion of the vocational retraining program at which time he shall be rated for permanent disability, deducting from any monetary award therefor amounts previously awarded for permanent impairment only.

History:

[72-428, added 1971, ch. 124, sec. 3, p. 456; am. 1974, ch. 132, sec. 3, p. 1329; am. 1978, ch. 264, sec. 11, p. 580.]