Senate Bill No. 67

Public Act No. 00-8

An Act Concerning Permanent Partial Disability Benefits.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Subsection (b) of section 31-308 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) With respect to the following injuries, the compensation, in addition to the usual compensation for total incapacity but in lieu of all other payments for compensation, shall be seventy-five per cent of the average weekly earnings of the injured employee, calculated pursuant to section 31-310, after such earnings have been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's average weekly wage pursuant to said section 31-310, but in no case more than one hundred per cent, raised to the next even dollar, of the average weekly earnings of production and related workers in manufacturing in the state, as determined in accordance with the provisions of section 31-309, or less than fifty dollars weekly. All of the following injuries include the loss of the member or organ and the complete and permanent loss of use of the member or organ referred to:

 

MEMBER

INJURY

WEEKS OF

     

COMPENSATION

       
 

Arm

   
 

Master arm

Loss at or above

 
   

elbow

208

 

Other arm

Loss at or above

 
   

elbow

194

 

Hand

   
 

Master hand

Loss at or above

 
   

wrist

168

 

Other hand

Loss at or above

 
   

wrist

155

 

One leg

Loss at or above

 
   

knee

155

 

One foot

Loss at or above

 
   

ankle

125

 

Hearing

   
   

Both ears

104

   

One ear

35

 

One eye

   
   

Complete and

 
   

permanent loss of

 
   

sight in, or

 
   

reduction of sight

 
   

to one-tenth or

 
   

less of normal

 
   

vision

157

 

Thumb*

   
   

On master hand

63

   

On other hand

54

 

Fingers**

   
   

First finger

36

   

Second finger

29

   

Third finger

21

   

Fourth finger

17

 

Toes*

   
   

Great toe

28

   

Other toes

9

 

Back

 

Number of weeks

     

which the

     

proportion of

     

incapacity

     

represents to a

     

maximum of 374

     

weeks.

 

Heart

 

520

 

Brain

 

520

 

Carotid artery

 

520

 

Pancreas

 

416

 

Liver

 

347

 

Stomach

 

260

 

Loss of bladder

 

233

 

Speech

 

163

 

Lung

 

117

 

Cervical spine

 

117

 

Kidney

 

117

 

Rib cage

Bilateral

69

 

Ovary

 

35

 

Testis

 

35

 

Mammary

 

35

 

Nose

Sense and respiratory

 
   

function

35

 

Jaw

Mastication

35

 

Uterus

 

35-104

 

Vagina

 

35-104

 

Penis

 

35-104

 

Coccyx

Actual removal

35

 

Sense of smell

 

17

 

Sense of taste

 

17

 

Spleen

In addition to scar

13

 

Gall bladder

 

13

 

Tooth

Minimum

1

 

Loss of drainage duct

   
 

of eye

   
 

(If corrected by

   
 

prosthesis)

 

17 for each

 

Loss of drainage

   
 

duct of eye

   
 

(If uncorrected by

   
 

prosthesis)

 

33 for each

 

Pelvis

 

percentage of back

*The loss or loss of use of one phalanx of a thumb shall be construed as seventy-five per cent of the loss of the thumb.

**The loss or loss of use of one phalanx of a finger shall be construed as fifty per cent of the loss of the finger. The loss of or loss of use of two phalanges of a finger shall be construed as ninety per cent of the loss of the finger.

***The loss or loss of use of one phalanx of a great toe shall be construed as sixty-six and two-thirds per cent of the loss of the great toe. The loss of the greater part of any phalanx shall be construed as the loss of a phalanx and shall be compensated accordingly.

If the injury consists of the loss of a substantial part of a member resulting in a permanent partial loss of the use of a member, or if the injury results in a permanent partial loss of function, the commissioner may, in [his] the commissioner's discretion, in lieu of other compensation, award to the injured employee the proportion of the sum provided in this subsection for the total loss of, or the loss of the use of, the member or for incapacity or both that represents the proportion of total loss or loss of use found to exist, and any voluntary agreement submitted in which the basis of settlement is such proportionate payment may, if otherwise conformable to the provisions of this chapter, be approved by the commissioner in [his] the commissioner's discretion. Notwithstanding the provisions of this subsection, the complete loss or loss of use of an organ which results in the death of an employee shall be compensable pursuant only to section 31-306.