§ 27-14-405 — Permanent partial disability; benefits; schedule; permanent disfigurement; disputed ratings

Wyoming § 27-14-405

• Jurisdiction: Wyoming
• Title 27: Labor and Employment
• Ch. 14: WORKER'S COMPENSATION
• Art. 4: EMPLOYEE BENEFITS

Text

(a) Repealed by Laws 1994, ch. 86, § 3.
(b) Repealed by Laws 1994, ch. 86, § 3.
(c) Renumbered as (k) by Laws 1994, ch. 86, § 2.
(d) Repealed by Laws 1994, ch. 86, § 3.
(e) Renumbered as (m) by Laws 1994, ch. 86, § 2.
(f) An injured employee suffering an ascertainable loss
may apply for a permanent partial impairment award as provided
in this section.
(g) An injured employee's impairment shall be rated by a
licensed physician using the most recent edition of the American
Medical Association's guide to the evaluation of permanent
impairment. The award shall be paid as provided by W.S.
27-14-403 for the number of months determined by multiplying the
percentage of impairment by sixty (60) months.
(h) An injured employee awarded permanent partial
impairment benefits may apply for a permanent disability award
subject to the following terms and conditions:
(i) The injured employee is because of the injury,
unable to return to employment at a wage that is at least
ninety-five percent (95%) of the monthly gross earnings the
employee was earning at the time of injury;
(ii) An application for permanent partial disability
is filed not before three (3) months after the date of
ascertainable loss or three (3) months before the last scheduled
impairment payment, whichever occurs later, but in no event
later than one (1) year following the later date; and
(iii) The employee has actively sought suitable work,
considering the employee's health, education, training and
experience.
(j) The disability award under subsection (h) of this
section shall be payable monthly in the amount provided by W.S.
27-14-403 for the number of months determined by adding the
number of months computed under this subsection as follows:
(i) Fourteen (14) months, multiplied by a fraction in
which the numerator is sixty-five (65) minus the employee's age
at the date of injury and the denominator is forty-five (45);
(ii) Eight and one-half (8 1/2) months, multiplied by
a fraction in which the numerator is four (4) minus the
employee's completed years of education beyond the twelfth
grade, not to exceed four (4) years, and the denominator is four
(4);
(iii) Six (6) months, multiplied by a fraction in
which the numerator is four (4) minus the number of different
occupations in which the employee has worked at least eighteen
(18) months in the eight (8) year period preceding the injury
but not to exceed four (4), and the denominator is four (4);
(iv) Up to two (2) months if the employee at the time
of injury was engaged in a formal education or training program
for an occupation which was reasonably expected to pay more than
the employee's employment at the time of injury and the
employee, because of the permanent injury, will be unable to
enter into the new occupation;
(v) One (1) month if the employee is forty-five (45)
to forty-nine (49) years of age at the time of injury, two (2)
months if the employee is fifty (50) to fifty-four (54) years of
age at the time of injury, and three (3) months if the employee
is fifty-five (55) years of age or older at the time of injury.
(k) An employee incurring permanent disfigurement due to
an injury to the face or head which affects his earning capacity
or ability to secure gainful employment shall receive in
proportion to the extent of the disfigurement, an additional
physical impairment award not to exceed six (6) months of
compensation payable monthly as provided by W.S. 27-14-403(c).
Any previous disfigurement to the face or head of the employee
shall be considered when authorizing the award.
(m) If the percentage of physical impairment is disputed,
the division shall obtain a second opinion and if the ratings
conflict, shall determine the physical impairment award upon
consideration of the initial and second opinion. Any objection
to a final determination pursuant to this subsection shall be
referred to the medical commission for hearing by a medical
hearing panel acting as hearing examiner pursuant to W.S.