Builders and Contractors Exchange
Weekly Bulletin: 16 MAY 2008
Permanent Partial Disability Benefits For Scheduled Members
By: Brian L. Sykes
An injured worker may be entitled to permanent partial disability ("PPD") benefits when he/she injures a scheduled body part. Scheduled body parts include arms, legs, hands, fingers, feet, toes, and eyes. An employee cannot receive PPD benefits for permanent disability to his/her back or neck.
Generally, employees are limited to 500 weeks of wage loss compensation for workers' compensation injuries. When a worker returns to light duty work and he/she is receiving temporary partial disability ("TPD") benefits, he/she may also be entitled to recover simultaneous PPD benefits. However, when an employee receives PPD and TPD benefits simultaneously, each week of benefits counts as two weeks for the purposes of the 500 weeks of compensation. An injured worker is not entitled to receive temporary total disability ("TTD") benefits and PPD benefits simultaneously.
PPD benefits are based upon a rating assigned by a doctor pursuant to the American Medical Association ("AMA") Guidelines. The doctor, generally the injured worker's treating physician, will determine the percentage of loss of use and/or loss of range of motion caused by the injury. Each scheduled body part has a total possible number of weeks for which benefits are eligible. The list of scheduled members is as follows:
Thumb: 60 weeks
Index finger: 35 weeks
Middle finger: 30 weeks
Ring finger: 20 weeks
Pinky: 15 weeks
Big toe: 30 weeks
Any other toe: 10 weeks
Hand: 150 weeks
Arm: 200 weeks
Foot: 125 weeks
Leg: 175 weeks
Total loss of vision in one eye: 100 weeks
An injured worker may also be entitled to PPD benefits for scarring (up to 60 weeks), loss of hearing (up to 50 weeks per ear), pneumoconiosis, and byssinosis.
For example, if the injured worker's doctor assigns a 10% PPD rating due to an injury to the right arm; and the injured worker's pre-injury average weekly wage is $300.00, then the rating would be calculated as follows:
10% of 200 weeks = 20 weeks
AWW of $600.00 X 2/3 = compensation rate of $400.00
$400.00 X 20 weeks = $8,000.00 of PPD compensation
Sometimes, we litigate files if the injured worker obtains a rating that is not consistent with the AMA Guidelines from his treating physician or another doctor. In that case, I recommend sending the injured worker to an independent physician for a valid PPD rating evaluation. Then, the Virginia Workers' Compensation Commission ("Commission") can decide which doctor is correct; or the Commission can compromise the ratings.
If you have further questions regarding permanent partial disability benefits, call Brian Sykes directly at 757-446-8678.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.