Section 10. Permanent partial disability benefits  


Latest version.
  • 1.  In  the  case  of
      disability partial in character, but permanent in quality, the volunteer
      ambulance worker, injured in the line of duty shall be paid one  hundred
      fifty   dollars   for  each  week  for  the  period  specified  in  this
      subdivision, provided, however, that when the volunteer ambulance worker
      is injured in the line of duty on or after the effective  date  of  this
      chapter  to  and  including June thirtieth, nineteen hundred ninety, and
      provided further that when the volunteer ambulance worker is injured  in
      the  line of duty on or after July first, nineteen hundred ninety to and
      including June thirtieth,  nineteen  hundred  ninety-one  such  payments
      shall  be two hundred eighty dollars for each week, and provided further
      that when the volunteer ambulance worker is injured in the line of  duty
      on  or  after  July  first, nineteen hundred ninety-one to and including
      June thirtieth, nineteen hundred ninety-two such payments shall be three
      hundred fifty dollars for each week; and provided further that when  the
      volunteer  ambulance  worker  is injured in the line of duty on or after
      July first, nineteen hundred ninety-two  such  payments  shall  be  four
      hundred dollars for each week as follows:
        a. Loss of member.
        Member lost                                          Number of weeks
            Arm  ....................................................  312
            Leg  ....................................................  288
            Hand  ...................................................  244
            Foot  ...................................................  205
            Eye  ....................................................  160
            Thumb  ..................................................   75
            First finger  ...........................................   46
            Great toe  ..............................................   38
            Second finger  ..........................................   30
            Third finger  ...........................................   25
            Toe other than great toe  ...............................   16
            Fourth finger  ..........................................   15
      If  more than one phalange of a digit shall be lost, the period shall be
      the same as for the loss of the entire digit. If only the first phalange
      shall be lost, the period shall be one-half the period for loss  of  the
      entire  digit. The period for loss or loss of use of two or more digits,
      or one or more phalanges of two or more digits, of a hand or  foot,  may
      be  proportioned  to  the period for the loss of use of the hand or foot
      occasioned thereby, but shall not exceed the period for the  loss  of  a
      hand  or foot. If an arm or leg shall be amputated at or above the wrist
      or ankle, the period for such loss shall be in proportion to the  period
      for  the loss of the arm or leg. In the case of loss of binocular vision
      or of eighty per centum or more of the vision  of  an  eye,  the  period
      shall be the same as for the loss of the eye.
        b. Loss of hearing. In the case of the complete loss of the hearing of
      one  ear, sixty weeks; for the loss of hearing of both ears, one hundred
      fifty weeks.
        c. Total loss of use. In the case of permanent total loss of use of  a
      member,  the  compensation  shall  be  the  same  as for the loss of the
      member.
        d. Partial loss or partial loss of use. Except as  above  provided  in
      this  subdivision,  in the case of permanent partial loss or loss of use
      of a member, the period shall be for the proportionate loss or  loss  of
      use  of the member. Compensation for permanent partial loss of use of an
      eye shall be awarded on the basis  of  uncorrected  loss  of  vision  or
      corrected loss of vision resulting from an injury which ever is greater.
        e. Disfigurement. In the case of serious facial or head disfigurement,
      including  a  disfigurement  continuous in length which is partly in the
    
      facial area and also extends into the neck region as described  in  this
      paragraph,  the volunteer ambulance worker shall be paid in a lump sum a
      proper and equitable amount, which shall be determined by  the  workers'
      compensation  board.  If the earning capacity of the volunteer ambulance
      worker shall have been impaired, or may in the future  be  impaired,  by
      any  serious  disfigurement  in  the  region above the sterno clavicular
      articulations anterior to and including the region of the sterno  cleido
      mastoid  muscles on either side, the volunteer ambulance worker shall be
      paid in a lump  sum  a  proper  and  equitable  amount  which  shall  be
      determined  by  such  board.  Two  or  more  serious disfigurements, not
      continuous in length, resulting from the same injury,  if  partially  in
      the facial area and partially in such neck region, shall be deemed to be
      a  facial  disfigurement. An award, or the aggregate of the awards, to a
      volunteer ambulance worker under this paragraph shall not exceed  twenty
      thousand dollars.
        f.  Total  or  partial loss or loss of use of more than one member. In
      any case in which there shall be a loss or loss of use of more than  one
      member  or parts of more than one member set forth above in paragraphs a
      to e,  both  inclusive,  of  this  subdivision,  but  not  amounting  to
      permanent  total disability, the periods for loss or loss of use of each
      such member or part thereof shall run consecutively.
        g. Other cases. In all other cases of permanent partial disability the
      volunteer ambulance worker shall be  paid  for  each  week,  during  the
      continuance thereof, as follows:
        (1)  If the percentage of loss of earning capacity is seventy-five per
      centum, or greater, he or she shall be paid one  hundred  fifty  dollars
      for each week, provided, however, that the volunteer ambulance worker is
      injured  in  the  line  of  duty  on or after the effective date of this
      chapter to  and  including  June  thirtieth,  nineteen  hundred  ninety,
      provided,  however,  that when the volunteer ambulance worker is injured
      in the line of duty on or after July first, nineteen hundred  ninety  to
      and  including  June thirtieth, nineteen hundred ninety-one such payment
      shall be two hundred eighty dollars for each week, and provided  further
      that  when the volunteer ambulance worker is injured in the line of duty
      on or after July first, nineteen hundred  ninety-one  to  and  including
      June  thirtieth, nineteen hundred ninety-two such payment shall be three
      hundred fifty dollars for each week; and provided further that when  the
      volunteer  ambulance  worker  is injured in the line of duty on or after
      July first, nineteen hundred ninety-two  such  payments  shall  be  four
      hundred dollars for each week.
        (2) If the percentage of loss of earning capacity is fifty per centum,
      or  greater,  but  less than seventy-five per centum, he or she shall be
      paid one hundred dollars for each  week,  provided,  however,  that  the
      volunteer  ambulance  worker  is injured in the line of duty on or after
      the effective date of this chapter  to  and  including  June  thirtieth,
      nineteen  hundred  ninety,  provided,  however,  that when the volunteer
      ambulance worker is injured in the line of duty on or after July  first,
      nineteen  hundred  ninety  to  and  including  June  thirtieth, nineteen
      hundred ninety-one, such payment shall be one hundred eighty-six dollars
      and seventy-six cents for each week, provided, however,  that  when  the
      volunteer  ambulance  worker  is injured in the line of duty on or after
      July first, nineteen hundred ninety-one to and including June thirtieth,
      nineteen  hundred  ninety-two,  such  payment  shall  be   two   hundred
      thirty-four  dollars  and  fifty cents for each week; provided, however,
      that when the volunteer ambulance worker is injured in the line of  duty
      on  or after July first, nineteen hundred ninety-two, such payment shall
      be two hundred sixty-eight dollars for each week.
    
        (3) If the percentage of  loss  of  earning  capacity  is  twenty-five
      percentum,  or  greater, but less than fifty per centum, he or she shall
      be paid thirty dollars for each week.
        (4)  If  the  percentage  of  loss  of  earning  capacity is less than
      twenty-five per centum, he or she shall not be paid any weekly benefit.
        Permanent partial disability, within the meaning  of  this  paragraph,
      shall  exist  only  if  the  earning capacity of the volunteer ambulance
      worker has been permanently and partially lost  as  the  result  of  the
      injury.  The  workers'  compensation board shall determine the degree of
      such disability and such board may reconsider such  degree  on  its  own
      motion or upon application of any party in interest.
        2.  An  award  made  to a claimant under this section shall in case of
      death arising from causes other than the injury be payable  to  and  for
      the benefit of the persons following:
        a.  If  there be a surviving spouse and no child of the deceased under
      the age of eighteen years, to such spouse.
        b. If there be a surviving spouse and surviving child or  children  of
      the  deceased under the age of eighteen years, one-half shall be payable
      to the surviving spouse and the other half to  the  surviving  child  or
      children.
        c. If there be a surviving child or children of the deceased under the
      age  of  eighteen  years, but no surviving spouse, then to such child or
      children.
        d. If there be no surviving spouse and no surviving child or  children
      of  the deceased under the age of eighteen years, then to such dependent
      or dependents as defined in section seven of this article,  as  directed
      by  the  workers'  compensation  board;  and  if  there shall be no such
      dependents, then to the  estate  of  such  deceased  in  an  amount  not
      exceeding  reasonable funeral expenses as provided in subdivision one of
      section seven of this article, or, if there be no estate, to the  person
      or persons paying the funeral expenses of such deceased in an amount not
      exceeding  reasonable  funeral  expenses as provided in such subdivision
      one.
        3. An award for  disability  may  be  made  after  the  death  of  the
      volunteer ambulance worker.