RSA 281-A:32 · Scheduled Permanent Impairment Award

281-A:32 Scheduled Permanent Impairment Award. – I. Basic Award. Except when death results from injury, in addition to other benefits payable under this chapter, an award shall be paid to employees in amounts provided by RSA 281-A:28 for the number of weeks set forth in this section for permanent bodily loss or losses:

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(a)

Total loss of arm 210

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(b)

Total loss of hand 189

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(c)

Total loss of thumb 76

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(d)

Total loss of index finger 47

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(e)

Total loss of middle finger 38

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(f)

Total loss of ring finger 19

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(g)

Total loss of little finger 9

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(h)

Total loss of leg 140

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(i)

Total loss of foot 98

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(j)

Total loss of great toe 18

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(k)

Total loss of toe, other 3

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(l)

Total loss of vision-one eye 84

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(m)

Total loss of vision-both eyes 300

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(n)

Total loss of hearing in one ear 30

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(o)

Total loss of binaural hearing 123 II. Phalanges. A loss in excess of the distal phalanx shall entitle the employee to the award for the loss of the entire digit. A loss of a distal phalanx shall result in half the award for the loss of the entire digit. A loss of less than one phalanx shall result in one quarter of the award for the loss of the entire digit. III. Amputated Arm or Leg. The amputation of an arm or leg at or above the elbow or at or above the knee, respectively, shall entitle the employee to the award for the loss of the arm or leg. Otherwise, amputation of an arm or leg shall result in the award for the loss of a hand or foot. IV. Two or More Digits. The loss of 2 or more digits, or the loss of one or more phalanges of such number of digits, of a hand or foot, shall entitle the employee to an award proportioned to the loss of use of the hand or foot occasioned by that loss; except that the income benefits for the loss of a hand or foot may not be exceeded. V. Substantial Loss of Vision. The loss of 80 percent or more of the vision of an eye, uncorrected by an eye lens, entitles the employee to the award for the total loss of an eye. VI. Total Loss of Use. An award for the permanent total loss of the use of a member shall be identical to that for the loss of the member, except that amputation of such member resulting from the original or subsequent injury shall not entitle the employee to a further award under this section. VII. Partial Loss of Use. An award for the permanent partial loss of the use of a member shall be for a period proportional to the period during which an award is payable for the total loss or the loss of the use of the member. Such award shall be in the proportion that such partial loss bears to a total loss; provided, however, that if subsequent amputation of such member is related to the original or a subsequent injury and results in an increased loss of such member, an additional award shall accrue on the basis of the difference between the award for the newly established loss and the award for the original loss. VIII. Subsequent Amputation. Upon amputation of a member resulting from an original or subsequent injury which has been preceded by the loss of a component or part of such member, an additional award shall accrue on the basis of the difference between the award for the newly established loss and the award for the original loss. IX. More Than One Permanent Loss. If an injury results in more than one permanent bodily loss specified in paragraphs I-VIII, or if the injury is to the spinal column or the spinal cord, or to the brain, or involves scarring, disfigurement, or other skin impairment resulting from a burn or burns, an award shall be made on the basis of a maximum of 350 weeks with the appropriate number of weeks to be determined in proportion to the maximum in accordance with the percent of the whole person specified for such bodily losses in the 5th edition of "Guides to the Evaluation of Permanent Impairment" published by the American Medical Association. Injury to spinal column or spinal cord shall not be construed to permit an award under this section as a result of soft tissue injury, nor to permit such an award on the basis of more than one permanent loss, unless such injury results in loss of use of upper or lower extremities. For the purposes of this paragraph "injury to the brain" means cerebral or neurological impairment due to central nervous system injury as described in said American Medical Association Guide. X. A Separate Right. Except when death results from an injury, the scheduled awards under this section accrue to the injured employee simply by virtue of the loss or loss of the use of a member of the body, there being conferred upon the employee a right which is separate and independent of the rights provided by RSA 281-A:28 and 281-A:31. XI. Payment Due. Payment of the scheduled award becomes due upon prompt medical disclosure, after maximum medical improvement has been achieved, regarding the loss or loss of the use of the member of the body. For the purposes of determining disability rates, the average weekly wage used shall be the average weekly wage of the employee at the time of the injury. No later than 15 days following such disclosure the employer, or the employer's insurance carrier shall notify the commissioner as to whether it objects to the extent of the loss claimed by the employee, in which case it shall have 30 days to arrange for a medical examination, pursuant to RSA 281-A:38, and request a hearing and determination by the commissioner. Payment of the scheduled award shall be made in a single payment. XII. Dispute Resolution. In the event of a dispute as to the amount of compensation or the percentage of permanent partial loss or both, the commissioner shall determine the award to be made on the basis of competent medical evidence. XIII. Balance Paid to Estate. The balance of an unpaid weekly scheduled award shall, upon the death of the employee, be paid to the estate of the employee. XIV. Rulemaking Required. In order to reduce litigation and establish more certainty and uniformity in the rating of permanent impairment, the commissioner shall adopt rules, under RSA 541-A, incorporating by reference the 5th edition of the American Medical Association's "Guides to the Evaluation of Permanent Impairment" to determine the degree of permanent impairment and on which to base awards under this chapter. Source. 1988, 194:2. 1989, 294:4. 1990, 254:23. 1993, 226:1. 2000, 125:1. 2001, 34:1, 124:1. 2003, 269:2. 2008, 270:6, 7, eff. June 26, 2008.

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