10 - Permanent partial disability benefits.

§ 10. Permanent  partial  disability  benefits.  1.  In  the  case  of  disability partial in character, but permanent in quality, the volunteer  ambulance worker, injured in the line of duty shall be paid one  hundred  fifty   dollars   for  each  week  for  the  period  specified  in  this  subdivision, provided, however, that when the volunteer ambulance worker  is injured in the line of duty on or after the effective  date  of  this  chapter  to  and  including June thirtieth, nineteen hundred ninety, and  provided further that when the volunteer ambulance worker is injured  in  the  line of duty on or after July first, nineteen hundred ninety to and  including June thirtieth,  nineteen  hundred  ninety-one  such  payments  shall  be two hundred eighty dollars for each week, and provided further  that when the volunteer ambulance worker is injured in the line of  duty  on  or  after  July  first, nineteen hundred ninety-one to and including  June thirtieth, nineteen hundred ninety-two such payments shall be three  hundred fifty dollars for each week; and provided further that when  the  volunteer  ambulance  worker  is injured in the line of duty on or after  July first, nineteen hundred ninety-two  such  payments  shall  be  four  hundred dollars for each week as follows:    a. Loss of member.    Member lost                                          Number of weeks        Arm  ....................................................  312        Leg  ....................................................  288        Hand  ...................................................  244        Foot  ...................................................  205        Eye  ....................................................  160        Thumb  ..................................................   75        First finger  ...........................................   46        Great toe  ..............................................   38        Second finger  ..........................................   30        Third finger  ...........................................   25        Toe other than great toe  ...............................   16        Fourth finger  ..........................................   15  If  more than one phalange of a digit shall be lost, the period shall be  the same as for the loss of the entire digit. If only the first phalange  shall be lost, the period shall be one-half the period for loss  of  the  entire  digit. The period for loss or loss of use of two or more digits,  or one or more phalanges of two or more digits, of a hand or  foot,  may  be  proportioned  to  the period for the loss of use of the hand or foot  occasioned thereby, but shall not exceed the period for the  loss  of  a  hand  or foot. If an arm or leg shall be amputated at or above the wrist  or ankle, the period for such loss shall be in proportion to the  period  for  the loss of the arm or leg. In the case of loss of binocular vision  or of eighty per centum or more of the vision  of  an  eye,  the  period  shall be the same as for the loss of the eye.    b. Loss of hearing. In the case of the complete loss of the hearing of  one  ear, sixty weeks; for the loss of hearing of both ears, one hundred  fifty weeks.    c. Total loss of use. In the case of permanent total loss of use of  a  member,  the  compensation  shall  be  the  same  as for the loss of the  member.    d. Partial loss or partial loss of use. Except as  above  provided  in  this  subdivision,  in the case of permanent partial loss or loss of use  of a member, the period shall be for the proportionate loss or  loss  of  use  of the member. Compensation for permanent partial loss of use of an  eye shall be awarded on the basis  of  uncorrected  loss  of  vision  or  corrected loss of vision resulting from an injury which ever is greater.    e. Disfigurement. In the case of serious facial or head disfigurement,  including  a  disfigurement  continuous in length which is partly in thefacial area and also extends into the neck region as described  in  this  paragraph,  the volunteer ambulance worker shall be paid in a lump sum a  proper and equitable amount, which shall be determined by  the  workers'  compensation  board.  If the earning capacity of the volunteer ambulance  worker shall have been impaired, or may in the future  be  impaired,  by  any  serious  disfigurement  in  the  region above the sterno clavicular  articulations anterior to and including the region of the sterno  cleido  mastoid  muscles on either side, the volunteer ambulance worker shall be  paid in a lump  sum  a  proper  and  equitable  amount  which  shall  be  determined  by  such  board.  Two  or  more  serious disfigurements, not  continuous in length, resulting from the same injury,  if  partially  in  the facial area and partially in such neck region, shall be deemed to be  a  facial  disfigurement. An award, or the aggregate of the awards, to a  volunteer ambulance worker under this paragraph shall not exceed  twenty  thousand dollars.    f.  Total  or  partial loss or loss of use of more than one member. In  any case in which there shall be a loss or loss of use of more than  one  member  or parts of more than one member set forth above in paragraphs a  to e,  both  inclusive,  of  this  subdivision,  but  not  amounting  to  permanent  total disability, the periods for loss or loss of use of each  such member or part thereof shall run consecutively.    g. Other cases. In all other cases of permanent partial disability the  volunteer ambulance worker shall be  paid  for  each  week,  during  the  continuance thereof, as follows:    (1)  If the percentage of loss of earning capacity is seventy-five per  centum, or greater, he or she shall be paid one  hundred  fifty  dollars  for each week, provided, however, that the volunteer ambulance worker is  injured  in  the  line  of  duty  on or after the effective date of this  chapter to  and  including  June  thirtieth,  nineteen  hundred  ninety,  provided,  however,  that when the volunteer ambulance worker is injured  in the line of duty on or after July first, nineteen hundred  ninety  to  and  including  June thirtieth, nineteen hundred ninety-one such payment  shall be two hundred eighty dollars for each week, and provided  further  that  when the volunteer ambulance worker is injured in the line of duty  on or after July first, nineteen hundred  ninety-one  to  and  including  June  thirtieth, nineteen hundred ninety-two such payment shall be three  hundred fifty dollars for each week; and provided further that when  the  volunteer  ambulance  worker  is injured in the line of duty on or after  July first, nineteen hundred ninety-two  such  payments  shall  be  four  hundred dollars for each week.    (2) If the percentage of loss of earning capacity is fifty per centum,  or  greater,  but  less than seventy-five per centum, he or she shall be  paid one hundred dollars for each  week,  provided,  however,  that  the  volunteer  ambulance  worker  is injured in the line of duty on or after  the effective date of this chapter  to  and  including  June  thirtieth,  nineteen  hundred  ninety,  provided,  however,  that when the volunteer  ambulance worker is injured in the line of duty on or after July  first,  nineteen  hundred  ninety  to  and  including  June  thirtieth, nineteen  hundred ninety-one, such payment shall be one hundred eighty-six dollars  and seventy-six cents for each week, provided, however,  that  when  the  volunteer  ambulance  worker  is injured in the line of duty on or after  July first, nineteen hundred ninety-one to and including June thirtieth,  nineteen  hundred  ninety-two,  such  payment  shall  be   two   hundred  thirty-four  dollars  and  fifty cents for each week; provided, however,  that when the volunteer ambulance worker is injured in the line of  duty  on  or after July first, nineteen hundred ninety-two, such payment shall  be two hundred sixty-eight dollars for each week.(3) If the percentage of  loss  of  earning  capacity  is  twenty-five  percentum,  or  greater, but less than fifty per centum, he or she shall  be paid thirty dollars for each week.    (4)  If  the  percentage  of  loss  of  earning  capacity is less than  twenty-five per centum, he or she shall not be paid any weekly benefit.    Permanent partial disability, within the meaning  of  this  paragraph,  shall  exist  only  if  the  earning capacity of the volunteer ambulance  worker has been permanently and partially lost  as  the  result  of  the  injury.  The  workers'  compensation board shall determine the degree of  such disability and such board may reconsider such  degree  on  its  own  motion or upon application of any party in interest.    2.  An  award  made  to a claimant under this section shall in case of  death arising from causes other than the injury be payable  to  and  for  the benefit of the persons following:    a.  If  there be a surviving spouse and no child of the deceased under  the age of eighteen years, to such spouse.    b. If there be a surviving spouse and surviving child or  children  of  the  deceased under the age of eighteen years, one-half shall be payable  to the surviving spouse and the other half to  the  surviving  child  or  children.    c. If there be a surviving child or children of the deceased under the  age  of  eighteen  years, but no surviving spouse, then to such child or  children.    d. If there be no surviving spouse and no surviving child or  children  of  the deceased under the age of eighteen years, then to such dependent  or dependents as defined in section seven of this article,  as  directed  by  the  workers'  compensation  board;  and  if  there shall be no such  dependents, then to the  estate  of  such  deceased  in  an  amount  not  exceeding  reasonable funeral expenses as provided in subdivision one of  section seven of this article, or, if there be no estate, to the  person  or persons paying the funeral expenses of such deceased in an amount not  exceeding  reasonable  funeral  expenses as provided in such subdivision  one.    3. An award for  disability  may  be  made  after  the  death  of  the  volunteer ambulance worker.