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11-9-521. Compensation for disability — Scheduled permanent injuries.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-521. Compensation for disability — Scheduled permanent injuries.
(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during the healing period or until the employee returns to work, whichever occurs first, weekly benefits in the amount of the permanent partial disability rate attributable to the injury, for that period of time set out in the following schedule:
(1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks;
(2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks;
(3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks;
(4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks;
(5) Hand amputated, one hundred eighty-three (183) weeks;
(6) Thumb amputated, seventy-three (73) weeks;
(7) First finger amputated, forty-three (43) weeks;
(8) Second finger amputated, thirty-seven (37) weeks;
(9) Third finger amputated, twenty-four (24) weeks;
(10) Fourth finger amputated, nineteen (19) weeks;
(11) Foot amputated, one hundred thirty-one (131) weeks;
(12) Great toe amputated, thirty-two (32) weeks;
(13) Toe other than great toe amputated, eleven (11) weeks;
(14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks;
(15) Loss of hearing of one ear, forty-two (42) weeks;
(16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks; and
(17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks.
(b)(1) Compensation for amputation of the first phalange shall be one-half (½) of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-521
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-9-521
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5bd8d0d18b20aac36b376205b45b89d0391104d7c31924fdbb5ca4c032c65027
Source location: content.xml paragraph 7345
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11-9-521. Compensation for disability — Scheduled permanent injuries.
(a) An employee who sustains a permanent compensable injury scheduled in this section shall receive, in addition to compensation for temporary total and temporary partial benefits during the healing period or until the employee returns to work, whichever occurs first, weekly benefits in the amount of the permanent partial disability rate attributable to the injury, for that period of time set out in the following schedule:
(1) Arm amputated at the elbow, or between the elbow and shoulder, two hundred forty-four (244) weeks;
(2) Arm amputated between the elbow and wrist, one hundred eighty-three (183) weeks;
(3) Leg amputated at the knee, or between the knee and the hip, one hundred eighty-four (184) weeks;
(4) Leg amputated between the knee and the ankle, one hundred thirty-one (131) weeks;
(5) Hand amputated, one hundred eighty-three (183) weeks;
(6) Thumb amputated, seventy-three (73) weeks;
(7) First finger amputated, forty-three (43) weeks;
(8) Second finger amputated, thirty-seven (37) weeks;
(9) Third finger amputated, twenty-four (24) weeks;
(10) Fourth finger amputated, nineteen (19) weeks;
(11) Foot amputated, one hundred thirty-one (131) weeks;
(12) Great toe amputated, thirty-two (32) weeks;
(13) Toe other than great toe amputated, eleven (11) weeks;
(14) Eye enucleated, in which there was useful vision, one hundred five (105) weeks;
(15) Loss of hearing of one ear, forty-two (42) weeks;
(16) Loss of hearing of both ears, one hundred fifty-eight (158) weeks; and
(17) Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks.
(b)(1) Compensation for amputation of the first phalange shall be one-half (½) of the compensation for the amputation of the entire digit.
(2) Compensation for amputation of more than one (1) phalange of a digit shall be the same as for amputation of the entire digit.
(c)(1) Compensation for the permanent loss of eighty percent (80%) or more of the vision of an eye shall be the same as for the loss of an eye.
(2) In all cases of permanent loss of vision, the use of corrective lenses may be taken into consideration in evaluating the extent of loss of vision.
(d) Compensation for amputation or loss of use of two (2) or more digits or one (1) or more phalanges of two (2) or more digits of a hand or a foot may be proportioned to the total loss of use of the hand or the foot occasioned thereby but shall not exceed the compensation for total loss of a hand or a foot.
(e) Compensation for permanent total loss of use of a member shall be the same as for amputation of the member.
(f) Compensation for permanent partial loss or loss of use of a member shall be for the proportionate loss or loss of use of the member.
(g) Any employee suffering a scheduled injury shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment set forth above except as otherwise provided in § 11-9-519(b).
(h)(1)(A) The Workers' Compensation Commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment.
(B) The guide shall not include pain as a basis for impairment.
(2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-519. Compensation for disability — Total disability.
(a) In case of total disability, there shall be paid to the injured employee during the continuance of the total disability sixty-six and two-thirds percent (66 2/3%) of his or her average weekly wage.
(b) In the absence of clear and convincing proof to the contrary, the loss of both hands, both arms, both legs, both eyes, or of any two (2) thereof shall constitute permanent total disability.
(c) In all other cases, permanent total disability shall be determined in accordance with the facts.
(d)(1) No more often than annually, the carrier or self-insured employer or the Death and Permanent Total Disability Trust Fund may require an injured worker receiving permanent total disability benefits to, as of the date thereof, certify on forms provided by the Workers' Compensation Commission that he or she is permanently and totally disabled and not gainfully employed.
(2) Notice of the requirement shall be made by certified mail.
(3) Failure of the employee to so certify within thirty (30) days after receipt of the notice shall permit the discontinuance of benefits without penalty until otherwise ordered by the commission.
(e)(1) “Permanent total disability” means inability, because of compensable injury or occupational disease, to earn any meaningful wages in the same or other employment.
(2) The burden of proof shall be on the employee to prove inability to earn any meaningful wage in the same or other employment.
(f) In considering a claim for permanent disability, the commission and the courts shall not consider the odd-lot doctrine.
(g)(1)(A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment.
(B) The guide shall
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-519
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-9-519. This identifies an authority to review, not proof of applicability.