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32.0609 Permanent partial disability compensation.

Cite as [A.S.C.A. § 32.0609]

(a) In case of disability partial in character but permanent in duration, the compensation shall be 66 2/3 percent of the employee’s average weekly wages, which shall be in addition to any compensation for temporary total disability or temporary partial disability paid in accordance with 32.0607 or 32.0611 and shall be paid to the employee as follows:

(1) arm lost, 312 weeks’ compensation;

(2) leg lost, 288 weeks’ compensation;

(3) hand lost, 244 weeks’ compensation;

(4) foot lost, 205 weeks’ compensation,

(5) eye lost, 160 weeks’ compensation;

(6) thumb lost, 75 weeks’ compensation;

(7) first finger lost, 46 weeks’ compensation;

(8) great toe lost, 30 weeks’ compensation;

(9) second finger lost, 30 weeks’ compensation;

(10) third finger lost, 25 weeks’ compensation;

(11) Toe other than great toe lost, 16 week’ compensation;

(12) fourth finger lost, 15 weeks’ compensation;

(13) loss of hearing: compensation for loss of hearing of one ear, 52 weeks; compensation for loss of hearing of both ears, 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 of the compensation for loss of the entire digit;

(15) amputation of 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; if amputated between the elbow and wrist or the knee and the ankle, compensation shall be the same as for loss of a hand or foot;

(16) binocular vision or percentage of vision compensation for loss of binocular vision or for 80% or more of the vision of an eye shall be the same as for the loss of the eye;

(17) two or more digits: compensation for loss of 2 or more digits, or one or more phalanges of 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 commission shall award proper and equitable compensation for serious facial, bodily, or head disfigurement, not to exceed 200 weeks’ compensation.

(b) In all other cases of permanent partial disability, the compensation shall be two-thirds 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.

(c) In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (a) (1) through (a) (19), 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 2 or more digits of the same hand or foot, paragraph (a) (17) shall apply.

History: 1967, PL 10-15, amd 1976, PL, 14-24; amd 1984, PL 18-33.

Amendments: 1976 Subsection (a)(20). provided for compensation for bodily disfigurement.

1984 Subsection (a) (20) changes compensation from $3,500 to 200 weeks.

Case Notes:

As a matter of law, a worker who lost his forearm was entitled to 244 weeks of compensation; in addition, the Workmen's Compensation Act also provides for up to 200 weeks of compensation in cases of serious bodily disfigurement. A.S.C.A. §§ 32.0609 (3), (15), 32.0609(20). Patau v. Rosendahl Corp., 19 A.S.R.2d 80 (1991).