§ 4-504. Permanent partial disability – Permanent total disability.
A. Upon reaching MMI the attending or consulting physician is to provide an impairment rating in accordance with the most current edition of the American Medical Association (AMA) based on reasonable medical probability. In addition, at this time the attending or consulting physician is required to provide a treatment plan for reasonable and necessary future medical needs. The attending physician’s impairment rating and treatment may be subject to review and revision by the consulting physician at the discretion of the Administrator.
B. A rating may not be issued prior to the declaration of maximum medical improvement. The Administrator may reserve issuance of payment under the following conditions:
1. Contribution for prior impairment ratings;
2. Clarification by the Administrator of this Act as to the validity of the date for MMI;
3. Similar rating or maximum medical improvement issues to be resolved by the consulting physician or, if necessary, the arbitrators selected under Subchapter 8 of this chapter.
C. Scheduled Benefits.
1. A total loss of use of a member exists whenever, by reason of injury, such member no longer possesses any substantial utility as a member of the body as determined by a medical provider chosen by the employer.
2. Permanent partial disability benefits are measured by multiplying seventy percent (70%) of the employee’s average weekly wage, subject to the limitations in subsection (D) of this section, times the number of weeks reflected as in the benefits for total loss of use in subsection (C)(3) of this section times the percentage of permanent impairment. A calculation of the percentage of permanent partial disability shall be made by Administrator or the physician of the employer’s choice.
3. Benefits for Total Loss of Use.
|
a. Arm |
200 weeks |
|
b. Hand |
155 weeks |
|
c. Thumb |
47 weeks |
|
d. First finger (index finger) |
30 weeks |
|
e. Second finger |
25 weeks |
|
f. Third finger |
16 weeks |
|
g. Fourth finger |
12 weeks |
|
h. Leg |
195 weeks |
|
i. Foot |
155 weeks |
|
j. Great toe |
24 weeks |
|
k. One toe |
8 weeks |
|
l. Eye – one |
200 weeks |
|
m. Ear |
|
|
i. Total deafness, one ear |
78 weeks |
|
ii. Total deafness, both ears |
239 weeks |
|
n. Body as a whole |
355 weeks |
D. Permanent Partial Disability.
1. For all permanent impairments, a calculation of percentage of permanent partial disability is made by the Administrator or physician of the employer’s choice.
2. Permanent partial disability benefits are calculated by multiplying seventy percent (70%) of the worker’s average weekly wage times the number of weeks provided for in this section for total loss of use times the percentage of permanent impairment, but the average weekly wage shall in no case exceed Four Hundred Ten Dollars ($410.00).
E. Permanent Total Disability.
1. An award of permanent total disability shall be in lieu of all lesser indemnity benefits that may be applicable to the injury that created the condition of permanent total disability. Permanent total disability shall be paid at seventy percent (70%) of the “average weekly wage” but shall in no case exceed Five Hundred Seventy-Seven Dollars ($577.00) per week. Permanent total disability benefits shall be paid to the worker during the continuance of the disability until such time as the worker reaches the age of maximum Social Security retirement benefits or for a period of fifteen (15) years, whichever is longer. ONCA 12-76, eff. Oct. 1, 2012; ONCA 15-52, eff. Nov. 6, 2015.