| Introduced By: Senators Ruggerio, McCaffrey, Graziano, Damiani and Celona |
| Date Introduced: January 30, 1997 |
| Referred To: Senate Committee on Labor |
It is enacted by the General Assembly as follows
SECTION 1. Section 28-33-19 of the General Laws in Chapter 28-33 entitled "Workers' Compensation -- Benefits" is hereby amended to read as follows:
28-33-19. Additional compensation for specific injuries. -- ADD}
(a)(1) In case of the following specified injuries there shall be paid
in addition to all other compensation provided for in chapters 29 to
38 of this title, a weekly payment equal to one-half (January 2) of
the average weekly earnings of the injured employee, but in no case
more than {DEL ninety dollars ($90.00) DEL} {ADD two hundred dollars ($200) ADD}
(i) For the loss by severance of both hands at or above the wrist, or for the loss of the arm at or above the elbow or for the loss of the leg at or above the knee, or both feet at or above the ankle, or of one hand and one foot, or the entire and irrecoverable loss of the sight of both eyes, or the reduction to one-tenth (1/10) or less of normal vision with glasses, for a period of three hundred twelve (312) weeks; provided, however, that for the purpose of this chapter the Snellen chart reading 20/200 shall equal one-tenth (1/10) of normal vision or a reduction of ninety percent (90%) of the vision; and provided, further, that any loss of visual performance including but not limited to loss of binocular vision, other than direct visual acuity may be considered in evaluating eye loss;
(ii) For the loss by severance of either arm at or above the elbow, or of either leg at or above the knee, for a period of three hundred twelve (312) weeks;
(iii) For the loss by severance of either hand at or above the wrist for a period of two hundred forty-four (244) weeks;
(iv) For the entire and irrecoverable loss of sight of either eye, or the reduction to one-tenth (1/10) or less of normal vision with glasses, or for loss of binocular vision for a period of one hundred sixty (160) weeks;
(v) For the loss by severance of either foot at or above the ankle, for a period of two hundred five (205) weeks;
(vi) For the loss by severance of the entire distal phalange of either thumb for a period of thirty-five (35) weeks; and for the loss by severance at or above the second joint of either thumb, for a period of seventy-five (75) weeks;
(vii) For the loss by severance of one phalange of either index finger, for a period of twenty-five (25) weeks; for the loss by severance of at least two (2) phalanges of either index finger, for a period of thirty-two (32) weeks; for the loss by severance of at least three (3) phalanges of either index finger, for a period of forty-six (46) weeks;
(viii) For the loss by severance of one phalange of the second finger of either hand, for a period of sixteen (16) weeks; for the loss by severance of two (2) phalanges of the second finger of either hand, for a period of twenty-two (22) weeks; for the loss by severance of three (3) phalanges of the second finger on either hand, for a period of thirty (30) weeks;
(ix) For the loss by severance of one phalange of the third finger of either hand, for a period of twelve (12) weeks; for the loss by severance of two (2) phalanges of the third finger of either hand, for a period of eighteen (18) weeks; for the loss by severance of three (3) phalanges of a third finger of either hand, for a period of twenty-five (25) weeks;
(x) For the loss by severance of one phalange of the fourth finger of either hand, for a period of ten (10) weeks; for the loss by severance of two (2) phalanges of the fourth finger of either hand, for a period of fourteen (14) weeks; for the loss by severance of three (3) phalanges of a fourth finger of either hand, for a period of twenty (20) weeks;
(xi) For the loss by severance of one phalange of the big toe on either foot, for a period of twenty (20) weeks; for the loss by severance of two (2) phalanges of the big toe of either foot, for a period of thirty-eight (38) weeks; for the loss by severance at or above the distal joint of any other toe than the big toe, for a period of ten (10) weeks for each such toe;
(xii) For the complete loss of hearing of either ear sixty (60) weeks; for the complete loss of hearing of both ears two hundred (200) weeks; provided, however, that the loss shall be due to external trauma;
(2) Where any bodily member or portion thereof has been rendered permanently stiff or useless, compensation in accordance with the above schedule shall be paid as if the member or portion thereof had been severed completely; provided, however, that if the stiffness or uselessness is less than total, then compensation shall be paid for that period of weeks in proportion to the period applicable in the event that the member or portion thereof has been severed completely as the instant percentage of stiffness or uselessness bears to the total stiffness or total uselessness of the bodily members or portion thereof;
(3) In case of the following specified injuries there shall be
paid in addition to all other compensation provided for in chapters 29
to 38, inclusive, under this title a weekly payment equal to one-half
(1/2) of the average weekly earnings of the injured employee, but in
no case more than {DEL ninety dollars ($90.00) DEL} {ADD two hundred dollars
($200) ADD} nor less than {DEL forty-five dollars ($45.00) DEL} {ADD ninety
dollars ($90.00) ADD} per week. Payment under this subsection shall be
made in a one time payment unless the parties otherwise agree. Payment
shall be mailed within fourteen (14) days of the entry of a decree,
order, or agreement of the parties:
(i) For partial loss by severance for any of the injuries specified in subdivisions (a)(1)(i) -- (a)(1)(xii), proportionate benefits shall be paid for such period of time as the partial loss by severance bears to the total loss by severance.
(ii) For permanent disfigurement of the body the number of weeks may not to exceed five hundred (500) weeks, which sum shall be payable in a one time payment within fourteen (14) days of the entry of a decree, order, or agreement of the parties in addition to all other sums under this section wherever it shall be applicable.
(4) Loss of hearing due to industrial noise is recognized as an occupational disease for purposes of chapters 29 -- 38 of this title and occupational deafness is hereby defined to be a loss of hearing in one or both ears due to prolonged exposure to harmful noise in employment. Harmful noise means sound capable of producing occupational deafness.
(ii) There shall be payable as permanent partial disability for total occupational deafness of one ear, seventeen (17) weeks of compensation; for total occupational deafness of both ears, one hundred (100) weeks of compensation; for partial occupational deafness in one or both ears, compensation shall be paid for such periods as are proportionate to the relation which the hearing loss bears to the amount provided in this subdivision for total loss of hearing in one or both ears, as the case may be. The amount of hearing loss shall be reduced by the average amount of hearing loss from nonoccupational causes found in the population at any given age, according to the provisions hereinafter set forth. Compensation for deafness resulting from injury other than occupational disease shall be paid pursuant to subdivision (a)(1)(xii).
(iii) Losses of hearing due to industrial noise for compensation purposes shall be confined to the frequencies of five hundred (500), one thousand (1,000), two thousand (2,000), and three thousand (3,000) cycles per second. Loss of hearing ability for frequency tones above two thousand (2,000) cycles per second is not to be considered as constituting disability for hearing.
(iv) The percent of hearing loss, for purposes of the determination of compensation claims for occupational deafness, shall be calculated as the average in decibels, of the thresholds of hearing for the frequencies of five hundred (500), one thousand (1,000), two thousand (2,000) and three thousand (3,000) cycles per second. Pure tone air conduction audiometric instruments, calibrated with reference to the latest published standards of the American National Standards Association at the time of testing shall be used for measuring hearing loss. If the losses of hearing average fifteen (15) decibels or less in the three (3) frequencies, those losses of hearing shall not then constitute any compensable hearing disability. If the losses of hearing average eighty-two (82) decibels or more in the three (3) frequencies, then the same shall constitute and be total or one hundred percent (100%) compensable hearing loss.
(v) In measuring hearing impairment, the latest standards of the American Medical Association's guides to the evaluation of permanent impairment in effect at the time of testing as set forth in subdivision (a)(4)(iv) shall be used.
(vi) No claim for occupational deafness may be filed until six (6) months separation from the type of noisy work for the last employer in whose employment the employee was at any time during the employment exposed to harmful noise. The last day of the period of separation from the noisy work shall be the date of disablement.
(vii) The employer in whose employment the employee was last exposed to harmful noise, and the insurance carrier, if any, on the risk when the employee was last so exposed shall alone be liable for the total compensation due the employee for his or her loss of hearing, without right to contribution from any prior employer or insurance carrier and in lieu of any other compensation provided for in chapters 29 -- 38 of this title.
(b) Where payments are required to be made under more than one clause of this section, payments shall be made in a one time payment unless the parties otherwise agree. Payment shall be mailed within fourteen (14) days of the entry of a decree, order, or agreement of the parties.
(c) Payments pursuant to this section, except subsection (a) (3) (ii), shall be made only after an employee's condition as relates to loss of use has reached maximum medical improvement as defined in section 28-29-2(8) and as found pursuant to section 28-33-18(b).
SECTION 2. This act shall take effect upon passage.
* * *
This act would raise workers' compensation payments for specific injuries.
The act would take effect upon passage.
