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  firefighter shall be paid ninety-five dollars  for  each  week  for  the  period  specified  in this subdivision, provided, however, that when the  volunteer firefighter is injured in the line of duty on or after January  first,  nineteen  hundred  seventy-eight  to  June  thirtieth,  nineteen  hundred eighty-three, such payment shall be one hundred five dollars for  each  week,  and  further  provided that when a volunteer firefighter is  injured in the line of duty on or after  July  first,  nineteen  hundred  eighty-three   to   and   including  June  thirtieth,  nineteen  hundred  eighty-four, such payments shall be one hundred twenty-five dollars  for  each  week  and  provided further that when the volunteer firefighter is  injured in the line of duty on or after  July  first,  nineteen  hundred  eighty-four   to   and   including   June  thirtieth,  nineteen  hundred  eighty-five such payments shall be one hundred thirty-five  dollars  for  each  week  and  provided further that when the volunteer firefighter is  injured in the line of duty on or after  July  first,  nineteen  hundred  eighty-five  to  and  including  June thirtieth, nineteen hundred ninety  such payments shall be one hundred fifty  dollars  for  each  week,  and  provided  further  that when the volunteer firefighter 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 firefighter 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 firefighter 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 period 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 whichever is the  greater.    (e)  Disfigurement.  In  the  case   of   serious   facial   or   head  disfigurement,  including  a disfigurement continuous in length which is  partly in the facial area and also  extends  into  the  neck  region  as  described  in this paragraph, the volunteer firefighter 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 firefighter 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 firefighter  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  firefighter  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 fireman 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 ninety-five dollars for each  week,  provided, however, that when the volunteer firefighter is injured  in the line  of  duty  on  or  after  January  first,  nineteen  hundred  seventy-eight   to   and  including  June  thirtieth,  nineteen  hundred  eighty-three, such payment shall be one hundred five  dollars  for  each  week  provided,  however, that when the volunteer firefighter is injured  in  the  line  of  duty  on  or  after  July  first,  nineteen   hundred  eighty-three   to   and   including  June  thirtieth,  nineteen  hundred  eighty-four, such payment shall be one hundred twenty-five  dollars  for  each  week  provided,  however,  that  when the volunteer firefighter is  injured in the line of duty on or after  July  first,  nineteen  hundred  eighty-four   to   and   including   June  thirtieth,  nineteen  hundred  eighty-five such payment shall be one hundred  thirty-five  dollars  for  each  week,  provided,  however,  that when the volunteer firefighter is  injured in the line of duty on or after  July  first,  nineteen  hundred  eighty-five  to  and  including  June thirtieth, nineteen hundred ninety  such payment shall be one hundred fifty dollars for each week, provided,  however, that when the volunteer firefighter is injured in the  line  of  duty  on  or  after July first, nineteen hundred ninety to and includingJune thirtieth, nineteen hundred ninety-one such payment  shall  be  two  hundred eighty dollars for each week, and provided further that when the  volunteer  firefighter  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  firefighter is injured in the line of  duty  on  or  after  July  first,  nineteen  hundred  ninety-two such payment 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 sixty-three dollars and thirty-three cents for each week, provided,  however, that when the volunteer firefighter is injured in the  line  of  duty  on  or  after January first, nineteen hundred seventy-eight to and  including June thirtieth, nineteen hundred  eighty-three,  such  payment  shall be seventy dollars for each week, provided, however, that when the  volunteer  firefighter  is  injured in the line of duty on or after July  first, nineteen hundred eighty-three to and  including  June  thirtieth,  nineteen  hundred eighty-four such payment shall be eighty-three dollars  and thirty-three cents for each week, provided, however, that  when  the  volunteer  firefighter  is  injured in the line of duty on or after July  first, nineteen hundred eighty-four, to and  including  June  thirtieth,  nineteen  hundred  eighty-five, such payment shall be ninety dollars for  each week, provided, however, that when  the  volunteer  firefighter  is  injured  in  the  line  of duty on or after July first, nineteen hundred  eighty-five to and including June  thirtieth,  nineteen  hundred  ninety  such  payment  shall  be  one  hundred  dollars for each week, provided,  however, that when the volunteer firefighter 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 firefighter 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 firefighter 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 per  centum, or greater, but less than fifty per centum,  he  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  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  fireman  has  been  permanently  and  partially  lost as the result of the injury. The  workmen's  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 chapter,  as  directed  by  the  workmen's  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 chapter, 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 fireman.