§ 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.

Legislative 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.]