§ 11-9-521 — Compensation for disability - Scheduled permanent injuries

Arkansas § 11-9-521

• Jurisdiction: Arkansas
• Title: 11

Text

(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during the healing period or until the employee returns to work, whichever occurs first, weekly benefits in the amount of the permanent partial disability rate attributable to the injury, for that period of time set out in the following schedule: (1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks; (2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks; (3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks; (4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks; (5) Hand amputated, one hundred eighty-three (183) weeks; (6) Thumb amputated, seventy-three (73) weeks; (7) First finger amputated, forty-three (43) weeks; (8) Second finger amputated, thirty-seven (37) weeks; (9) Third finger amputated, twenty-four (24) weeks; (10) Fourth finger amputated, nineteen (19) weeks; (11) Foot amputated, one hundred thirty-one (131) weeks; (12) Great toe amputated, thirty-two (32) weeks; (13) Toe other than great toe amputated, eleven (11) weeks; (14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks; (15) Loss of hearing of one ear, forty-two (42) weeks; (16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks; and (17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks. (b) (1) Compensation for amputation of the first phalange shall be one-half (½) of the compensation for the amputation of the entire digit. (2) Compensation for amputation of more than one (1) phalange of a digit shall be the same as for amputation of the entire digit. (c) (1) Compensation for the permanent loss of eighty percent (80%) or more of the vision of an eye shall be the same as for the loss of an eye. (2) In all cases of permanent loss of vision, the use of corrective lenses may be taken into consideration in evaluating the extent of loss of vision. (d) Compensation for amputation or loss of use of two (2) or more digits or one (1) or more phalanges of two (2) or more digits of a hand or a foot may be proportioned to the total loss of use of the hand or the foot occasioned thereby but shall not exceed the compensation for total loss of a hand or a foot. (e) Compensation for permanent total loss of use of a member shall be the same as for amputation of the member. (f) Compensation for permanent partial loss or loss of use of a member shall be for the proportionate loss or loss of use of the member. (g) Any employee suffering a scheduled injury shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment set forth above except as otherwise provided in § 11-9-519(b) . (h) (1) (A) The Workers' Compensation Commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

Legislative History

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; 1986 (2nd Ex. Sess.), No. 10, § 5; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8; Acts 1993, No. 796, § 23; 1997, No. 251, § 2; 1997, No. 260, § 2.