287.190. Permanent partial disability, amount to be paid--permanent partial disability defined--permanent total and partial total disability require certification by physician on compensability--award - Missouri Statutes

Permanent partial disability, amount to be paid--permanent partialdisability defined--permanent total and partial total disabilityrequire certification by physician on compensability--awardreduced when.

287.190. 1. For permanent partial disability, which shall be inaddition to compensation for temporary total disability or temporarypartial disability paid in accordance with sections 287.170 and 287.180,respectively, the employer shall pay to the employee compensation computedat the weekly rate of compensation in effect under subsection 5 of thissection on the date of the injury for which compensation is being made,which compensation shall be allowed for loss by severance, total loss ofuse, or proportionate loss of use of one or more of the members mentionedin the schedule of losses.SCHEDULE OF LOSSES

Weeks

(1) Loss of arm at shoulder .......................... 232

(2) Loss of arm between shoulder and elbow ........... 222

(3) Loss of arm at elbow joint ....................... 210

(4) Loss of arm between elbow and wrist .............. 200

(5) Loss of hand at the wrist joint .................. 175

(6) Loss of thumb at proximal joint ................... 60

(7) Loss of thumb at distal joint ..................... 45

(8) Loss of index finger at proximal joint ............ 45

(9) Loss of index finger at second joint ............. 35

(10) Loss of index finger at distal joint ............ 30

(11) Loss of either the middle or ring finger at the

proximal joint ................................. 35

(12) Loss of either the middle or ring finger

at second joint ................................ 30

(13) Loss of either the middle or ring finger

at the distal joint ............................ 26

(14) Loss of little finger at proximal joint .......... 22

(15) Loss of little finger at second joint ............ 20

(16) Loss of little finger at distal joint ........... 16

(17) Loss of one leg at the hip joint or so near thereto

as to preclude the use of artificial limb ..... 207

(18) Loss of one leg at or above the knee, where the

stump remains sufficient to permit the use of

artificial limb .............................. 160

(19) Loss of one leg at or above ankle and below knee

joint ......................................... 155

(20) Loss of one foot in tarsus ...................... 150

(21) Loss of one foot in metatarsus .................. 110

(22) Loss of great toe of one foot at proximal joint .. 40

(23) Loss of great toe of one foot at distal joint .... 22

(24) Loss of any other toe at proximal joint .......... 14

(25) Loss of any other toe at second joint ............ 10

(26) Loss of any other toe at distal joint ............ 8

(27) Complete deafness of both ears .................. 180

(28) Complete deafness of one ear, the

other being normal ............................. 49

(29) Complete loss of the sight of one eye ........... 140

2. If the disability suffered in any of items (1) through (29) of theschedule of losses is total by reason of severance or complete loss of usethereof the number of weeks of compensation allowed in the schedule forsuch disability shall be increased by ten percent.

3. For permanent injuries other than those specified in the scheduleof losses, the compensation shall be paid for such periods as areproportionate to the relation which the other injury bears to the injuriesabove specified, but no period shall exceed four hundred weeks, at therates fixed in subsection 1. The other injuries shall include permanentinjuries causing a loss of earning power. For the permanent partial lossof the use of an arm, hand, thumb, finger, leg, foot, toe or phalange,compensation shall be paid for the proportionate loss of the use of thearm, hand, thumb, finger, leg, foot, toe or phalange, as provided in theschedule of losses.

4. If an employee is seriously and permanently disfigured about thehead, neck, hands or arms, the division or commission may allow suchadditional sum for the compensation on account thereof as it may deem just,but the sum shall not exceed forty weeks of compensation. If both theemployer and employee agree, the administrative law judge may utilize aphotograph of the disfigurement in determining the amount of suchadditional sum.

5. The amount of compensation to be paid under subsection 1 of thissection shall be computed as follows:

(1) For all injuries occurring on or after September 28, 1983, butbefore August 28, 1990, the weekly compensation shall be an amount equal tosixty-six and two-thirds percent of the employee's average weekly earningsas of the date of the injury; provided that the weekly compensation paidunder this subdivision shall not exceed an amount equal to forty-fivepercent of the state average weekly wage, as such wage is determined by thedivision of employment security, as of the July first immediately precedingthe date of injury;

(2) For all injuries occurring on or after September 28, 1981, theweekly compensation shall in no event be less than forty dollars per week;

(3) For all injuries occurring on or after August 28, 1990, butbefore August 28, 1991, the weekly compensation shall be an amount equal tosixty-six and two-thirds percent of the employee's average weekly earningsas of the date of the injury; provided that the weekly compensation paidunder this subdivision shall not exceed an amount equal to fifty percent ofthe state average weekly wage;

(4) For all injuries occurring on or after August 28, 1991, butbefore August 28, 1992, the weekly compensation shall be an amount equal tosixty-six and two-thirds percent of the employee's average weekly earningsas of the date of the injury; provided that the weekly compensation paidunder this subdivision shall not exceed an amount equal to fifty-twopercent of the state average weekly wage;

(5) For all injuries occurring on or after August 28, 1992, theweekly compensation shall be an amount equal to sixty-six and two-thirdspercent of the employee's average weekly earnings as of the date of theinjury; provided that the weekly compensation paid under this subdivisionshall not exceed an amount equal to fifty-five percent of the state averageweekly wage.

6. (1) "Permanent partial disability" means a disability that ispermanent in nature and partial in degree, and when payment therefor hasbeen made in accordance with a settlement approved either by anadministrative law judge or by the labor and industrial relationscommission, a rating established by medical finding, certified by aphysician, and approved by an administrative law judge or legal advisor, oran award by an administrative law judge or the commission, the percentageof disability shall be conclusively presumed to continue undiminishedwhenever a subsequent injury to the same member or same part of the bodyalso results in permanent partial disability for which compensation underthis chapter may be due; provided, however, the presumption shall applyonly to compensable injuries which may occur after August 29, 1959.

(2) Permanent partial disability or permanent total disability shallbe demonstrated and certified by a physician. Medical opinions addressingcompensability and disability shall be stated within a reasonable degree ofmedical certainty. In determining compensability and disability, whereinconsistent or conflicting medical opinions exist, objective medicalfindings shall prevail over subjective medical findings. Objective medicalfindings are those findings demonstrable on physical examination or byappropriate tests or diagnostic procedures.

(3) Any award of compensation shall be reduced by an amountproportional to the permanent partial disability determined to be apreexisting disease or condition or attributed to the natural process ofaging sufficient to cause or prolong the disability or need of treatment.

(RSMo 1939 § 3705, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1955 p. 588, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 pp. 397, 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1975 H.B. 196, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1990 S.B. 751, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3315

(1972) Where claimant whose little, ring and middle fingers and all but stub of index finger had been amputated in industrial accident could write and use hand as a prop and for pushing and prying he did not sustain complete loss of his hand and was not entitled to ten percent increase in compensation for complete disability as provided in subdivision 2. Martin v. Star Cooler Corporation (A.), 484 S.W.2d 32.

(1972) Court will take judicial notice that workman with only part of his major hand remaining would be at disadvantage in labor market and this will support award for disfigurement to claimant whose little, ring and middle fingers and all but stub of his index finger had been amputated in industrial accident as provided in subdivision 4. Martin v. Star Cooler Corporation (A.), 484 S.W.2d 32.