Full text : Settlement for accidents to American seamen

PROVISIONS OF ACT AND METHOD OF APPLICATION 15

or both arms, or both feet, or both legs or both eyes, or of any two thereof shall,
in the absence of conclusive proof to the contrary, constitute permanent total
disability. In all other cases permanent total disability shall be determined in
accordance with the facts.
(b) Temporary total disability: In case of disability total in character but
temporary in quality 6624 per centum of the average weekly wages shall be paid
to the employee during the continuance thereof.
(c) Permanent partial disability: In case of disability partial in character
but permanent in quality the compensation shall be 6624 per centum of the average
weekly wages, and shall be paid to the employee, as follows:
(1) Arm lost, three hundred and twelve weeks’ compensation.
(+ Leg lost, two hundred and eighty-eight weeks’ compensation.
Hand lost, two hundred and forty-four weeks’ compensation.
Foot lost, two hundred and five weeks’ compensation.
Eye lost, one hundred and sixty weeks’ compensation.
Thumb lost, seventy-five weeks’ compensation.
First finger lost, forty-six weeks’ compensation.
Great toe lost, thirty-eight weeks’ compensation.
. Second finger lost, thirty weeks’ compensation.
(3) Third finger lost, twenty-five weeks’ compensation.
(11) Toe other than great toe lost, sixteen weeks’ compensation.
(12) Fourth finger lost, fifteen weeks’ compensation.
(13) Loss of hearing: Compensation for loss of hearing of one ear, fifty-two
weeks. Compensation for loss of hearing of both ears, two hundred weeks.
(14) Phalanges: Compensation for loss of more than one phalange of a digit
shall be the same as for loss of the entire digit. Compensation for loss of the first
phalange shall be one-half of the compensation for loss of the entire digit.
(15) Amputated arm or leg: Compensation for an arm or a leg, if amputated
at or above the elbow or the knee, shall be the same as for a loss of the arm or
leg; but, if amputated between the elbow and the wrist or the knee and the ankle,
shall be the same as for loss of a hand or foot.
(16) Binocular vision or per centum of vision: Compensation for loss of binocular
 vision or for 80 per centum or more of the vision of an eye shall be the same as
for loss of the eye.
(17) Two or more digits: Compensation for loss 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 loss of use of the hand or foot occasioned thereby, but shall not exceed the
compensation for loss of a hand or foot.
(18) Total loss of use: Compensation for permanent total loss of use of a
member shall be the same as for loss of the member.
(19) Partial loss or partial loss of use: Compensation for permanent partial
loss or loss of use of a member may be for proportionate loss or loss of use of the
member.
(20) Disfigurement: The deputy commissioner shall award proper and equitable
 compensation for serious facial or head disfigurement, not to exceed $3,500.
(21) Other cases: In all other cases in this class of disability the compensation
shall be 6624 per centum of the difference between his average weekly wages and
his wage-earning capacity thereafter in the same employment or otherwise, payable
during the continuance of such partial disability, but subject to reconsideration
of the degree of such impairment by the deputy commissioner on his own motion
or upon application of any party in interest. Co
(22) In case of temporary total disability and permanent partial disability,
both resulting from the same injury, if the temporary total disability continues
for a longer period than the number of weeks set forth in the following schedule,
the period of temporary total disability in excess of such number of weeks shall
be added to the compensation period proyided in subdivision (c) of this section:
Arm, thirty-two weeks; leg, forty weeks; hand, thirty-two weeks; foo,
thirty-two weeks; eye, twenty weeks; thumb, twenty-four weeks; first finger,
eighteen weeks; great toe, twelve weeks; second finger, twelve weeks; third
finger, eight weeks; fourth finger, eight weeks; toe other than great toe, eight
weeks.
In any case resulting in loss or partial loss of use of arm, leg, hand, foot, eye,
thumb, finger, or toe, where the temporary total disability does not extend beyond
the periods above mentioned for such injury, compensation shall be limited to
the schedule contained in subdivision (c). i .
(d) Any compensation to which any claimant would be entitled under subdivision
 (¢) excepting subdivision (c—21) shall, notwithstanding death arising
            
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