§ 28-33-19 - Additional compensation for specific injuries.
SECTION 28-33-19
§ 28-33-19 Additional compensation forspecific injuries. – (a) In case of the following specified injuries there shall be paid in additionto all other compensation provided for in chapters 29 to 38 of this title aweekly payment equal to one-half (1/2) of the average weekly earnings of theinjured employee, but in no case more than ninety dollars ($90.00) nor lessthan forty-five dollars ($45.00) per week. Payment made under this sectionshall be made in a one time payment unless the parties otherwise agree. Paymentshall be mailed within fourteen (14) days of the entry of a decree, order, oragreement of the parties:
(i) For the loss by severance of both hands at or above thewrist, or for the loss of the arm at or above the elbow or for the loss of theleg at or above the knee, or both feet at or above the ankle, or of one handand one foot, or the entire and irrecoverable loss of the sight of both eyes,or the reduction to one-tenth ( 1/10) or less of normal vision with glasses,for a period of three hundred twelve (312) weeks; provided, that for thepurpose of this chapter the Snellen chart reading 20/200 shall equal one-tenth( 1/10) of normal vision or a reduction of ninety percent (90%) of the vision.Additionally, any loss of visual performance including, but not limited to,loss of binocular vision, other than direct visual acuity may be considered inevaluating eye loss;
(ii) For the loss by severance of either arm at or above theelbow, or of either leg at or above the knee, for a period of three hundredtwelve (312) weeks;
(iii) For the loss by severance of either hand at or abovethe wrist for a period of two hundred forty-four (244) weeks;
(iv) For the entire and irrecoverable loss of sight of eithereye, or the reduction to one-tenth ( 1/10) or less of normal vision withglasses, or for loss of binocular vision for a period of one hundred sixty(160) weeks;
(v) For the loss by severance of either foot at or above theankle, for a period of two hundred five (205) weeks;
(vi) For the loss by severance of the entire distal phalangeof either thumb for a period of thirty-five (35) weeks; and for the loss byseverance at or above the second joint of either thumb, for a period ofseventy-five (75) weeks;
(vii) For the loss by severance of one phalange of eitherindex finger, for a period of twenty-five (25) weeks; for the loss by severanceof at least two (2) phalanges of either index finger, for a period ofthirty-two (32) weeks; for the loss by severance of at least three (3)phalanges of either index finger, for a period of forty-six (46) weeks;
(viii) For the loss by severance of one phalange of thesecond finger of either hand, for a period of sixteen (16) weeks; for the lossby severance of two (2) phalanges of the second finger of either hand, for aperiod of twenty-two (22) weeks; for the loss by severance of three (3)phalanges of the second finger on either hand, for a period of thirty (30)weeks;
(ix) For the loss by severance of one phalange of the thirdfinger of either hand, for a period of twelve (12) weeks; for the loss byseverance of two (2) phalanges of the third finger of either hand, for a periodof eighteen (18) weeks; for the loss by severance of three (3) phalanges of athird finger of either hand, for a period of twenty-five (25) weeks;
(x) For the loss by severance of one phalange of the fourthfinger of either hand, for a period of ten (10) weeks; for the loss byseverance of two (2) phalanges of the fourth finger of either hand, for aperiod of fourteen (14) weeks; for the loss by severance of three (3) phalangesof a fourth finger of either hand, for a period of twenty (20) weeks;
(xi) For the loss by severance of one phalange of the big toeon either foot, for a period of twenty (20) weeks; for the loss by severance oftwo (2) phalanges of the big toe of either foot, for a period of thirty-eight(38) weeks; for the loss by severance at or above the distal joint of any othertoe than the big toe, for a period of ten (10) weeks for each such toe;
(xii) For the complete loss of hearing of either ear sixty(60) weeks; for the complete loss of hearing of both ears two hundred (200)weeks; provided, that the loss shall be due to external trauma.
(2) Where any bodily member or portion of it has beenrendered permanently stiff or useless, compensation in accordance with theabove schedule shall be paid as if the member or portion of it had beencompletely severed; provided, that if the stiffness or uselessness is less thantotal, then compensation shall be paid for that period of weeks in proportionto the applicable period where the member or portion of it has been completelysevered as the instant percentage of stiffness or uselessness bears to thetotal stiffness or total uselessness of the bodily members or portion of them.
(3) In case of the following specified injuries there shallbe paid in addition to all other compensation provided for in chapters 29– 38 under this title a weekly payment equal to one-half ( 1/2) of theaverage weekly earnings of the injured employee, but in no case more thanninety dollars ($90.00) nor less than forty-five dollars ($45.00) per week.Payment under this subsection shall be made in a one time payment unless theparties otherwise agree. Payment shall be mailed within fourteen (14) days ofthe entry of a decree, order, or agreement of the parties:
(i) For partial loss by severance for any of the injuriesspecified in paragraphs(1)(i) – (1)(xii) of this subsection, proportionatebenefits shall be paid for the period of time that the partial loss byseverance bears to the total loss by severance.
(ii) For permanent disfigurement of the body the number ofweeks may not exceed five hundred (500) weeks, which sum shall be payable in aone time payment within fourteen (14) days of the entry of a decree, order, oragreement of the parties in addition to all other sums under this sectionwherever it is applicable.
(4) Loss of hearing due to industrial noise is recognized asan occupational disease for purposes of chapters 29 – 38 of this title andoccupational deafness is defined to be a loss of hearing in one or both earsdue to prolonged exposure to harmful noise in employment. Harmful noise meanssound capable of producing occupational deafness.
(ii) Hearing loss shall be evaluated pursuant to protocolsestablished by the workers' compensation medical advisory board. All treatmentconsistent with this subsection shall be consistent with the protocolsestablished by the workers' compensation medical advisory board subject to§ 28-33-5.
(iii) If the employer has conducted baseline screeningswithin one (1) year of exposure to harmful noise to evaluate the extent of anemployee's pre-existing hearing loss, the causative factor shall be apportionedbased on the employee's pre-existing hearing loss and subsequent occupationalhearing loss, and the compensation payable to the employee shall only be thatportion of the compensation related to the present work-related exposure.
(iv) There shall be payable as permanent partial disabilityfor total occupational deafness of one ear, seventy-five (75) weeks ofcompensation; for total occupational deafness of both ears, two hundredforty-four (244) weeks of compensation; for partial occupational deafness inone or both ears, compensation shall be paid for any periods that areproportionate to the relation which the hearing loss bears to the amountprovided in this subdivision for total loss of hearing in one or both ears, asthe case may be. Acuity hearing loss related to a single event, usually trauma(e.g., in association with a basal skull fracture) or by other mechanism, shallbe paid pursuant to this subsection.
(v) No benefits shall be granted for tinnitus, psychogenichearing loss, congenital hearing loss, recruitment or hearing loss above threethousand (3,000) hertz.
(vi) The provisions of this subsection and the amendmentsinsofar as applicable to hearing loss shall be operative as to any occupationalhearing loss that occurs on or after September 1, 2003, except for acuityhearing loss related to a single event which shall become effective uponpassage.
(vii) If previous hearing loss, whether occupational or not,is established by an audiometric examination or other competent evidence,whether or not the employee was exposed to assessable noise exposure within oneyear preceding the test, the employer is not liable for the previous loss, noris the employer liable for a loss for which compensation has previously beenpaid or awarded. The employer is liable only for the difference between thepercent of occupational hearing loss determined as of the date of theaudiometric examination conducted by a certified audiometric technician usingan audiometer which meets the specifications established by the AmericanNational Standards Institute (ANSI 3.6-1969, ri973) used to determineoccupational hearing loss and the percentage of loss established by thebaseline audiometric examination. An amount paid to an employee foroccupational hearing loss by any other employer shall be credited againstcompensation payable by the subject employer for the hearing loss. The employeeshall not receive in the aggregate greater compensation from all employers foroccupational hearing loss than that provided in this section for totaloccupational hearing loss. A payment shall not be paid to an employee unlessthe employee has worked in excessive noise exposure employment for a totalperiod of at least one hundred eighty (180) days for the employer for whomcompensation is claimed.
(viii) No claim for occupational deafness may be filed untilsix (6) months separation from the type of noisy work for the last employer inwhose employment the employee was at any time during the employment exposed toharmful noise.
(ix) The total compensation due for hearing loss is recoveredfrom the employer who last employed the employee in whose employment theemployee was last exposed to harmful noise and the insurance carrier, if any,on the risk when the employee was last so exposed, and if the occupationalhearing loss was contracted while the employee was in the employment of a prioremployer, and there was no baseline testing by the last employer, the employerand insurance carrier which is made liable for the total compensation asprovided by this section may petition the worker's compensation court for anapportionment of the compensation among the several employers which since thecontraction of the hearing loss have employed the employee in a noisyenvironment.
(b) Where payments are required to be made under more thanone clause of this section, payments shall be made in a one time payment unlessthe parties otherwise agree. Payment shall be mailed within fourteen (14) daysof the entry of a decree, order, or agreement of the parties.
(c) Payments pursuant to this section, except paragraph(a)(3)(ii) of this section, shall be made only after an employee's condition asrelates to loss of use has reached maximum medical improvement as defined in§ 28-29-2(8) and as found pursuant to § 28-33-18(b).