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(In effect as of January 1,
2004*) |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| Alabama |
Serious, materially affect- |
66-2/3 percent of employee's |
100 weeks |
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ting employability. |
average weekly earnings. |
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| Arizona |
Permanent, about head or face, |
55 percent of average monthly |
18 months |
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including injury to, or loss |
wages; in addition, the |
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of teeth. |
Commission may allow such sum |
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as it deems just. |
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| Arkansas |
Serious and permanent facial |
Maximum $3,500; no award for |
--------- |
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or head. |
disfigurement shall be entered |
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until 12 months after injury. |
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| California |
Disfigurement of face due to |
No set figure, but the nature |
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scarring or deformity. |
of the disfigurement shall be |
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taken into account when deter- |
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mining the percentages of |
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permanent disability. |
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| Colorado |
Serious facial, head, or ex- |
Maximum $2,000, in addition to |
--------- |
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posed body parts. |
accident benefits provided under |
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the law. |
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| Connecticut |
Permanent. |
Compensation shall be awarded |
208 weeks |
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for disfigurement not caused |
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solely by the loss or the loss |
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of use of a member of the body. |
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| Delaware |
Permanent and serious to |
66-2/3 percent of employee's |
150 weeks |
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exposed parts of the human |
weekly wage. |
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body. |
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| *See Introduction page. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| District of |
Serious facial, head, neck or |
Maximum $7,500. |
--------- |
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Columbia |
other exposed areas likely to |
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handicap employment. |
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| Florida |
Catastrophic Injury |
If the injury prevents a worker from returning to work, |
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the worker is entitled to permanent total disability |
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benefits. |
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| Hawaii |
Scarring and other consequences |
Maximum $30,000. |
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caused by medical, surgical, |
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and hospital treatment. |
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| Idaho |
---------------------------- |
No set figure, but effect on em- |
--------- |
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ployment and nature of disfig- |
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urement shall be taken into |
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account when determining the |
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percentages of permanent disa- |
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bilities less than total. |
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| Illinois |
Serious and permanent to hand, |
60 percent of the employee's |
150 weeks |
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head, face, neck, arm, leg, |
average weekly wage, except if |
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below knee or chest above |
benefits are otherwise payable |
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axillary line. |
for permanent disability. |
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| Indiana |
Permanent, which may impair |
At discretion of Industrial |
200 weeks |
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the future usefulness or |
Board, except where benefits |
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opportunities of the employee. |
are payable elsewhere, |
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up to 40 degrees. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| Iowa |
Permanent head or facial, |
Determined by the Workers' |
150 weeks |
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which impairs future usefulness |
Compensation Commission |
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and earnings in occupation |
according to severity of |
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where injured. |
disfigurement. |
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| Kansas 1/ |
Amputation. |
Healing period, 10% of |
15 weeks |
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schedule |
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| Louisiana |
Serious and permanent. |
At discretion of Court, not to |
100 weeks |
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exceed 66-2/3 percent of em- |
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ployee's wages. |
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| Maine 2/ |
Serious facial or head; neck |
An amount not exceeding 2/3 |
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if affects earning capacity. |
of the State average weekly |
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wage, multiplied by 50. |
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| Maryland |
For mutilations and others |
Determined at the discretion |
156 weeks |
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not specifically covered in |
of the Workers' Compensation |
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schedule. |
Commission. |
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| 1/ Kansas:
When a disfigurement is a handicap in obtaining or retaining employment,
compensation will be paid up to a maximum of 415 weeks. |
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| 2/ Maine:
Not available to employees with dates of injury on or after 1/1/93. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| Massachusetts |
Bodily; except that disfigure- |
Proper and equitable compensa- |
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ment that is purely scar-based |
tion not to exceed $15,000; |
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is not payable unless the dis- |
in addition to other compensa- |
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figurement is on the face, |
tion for disability. |
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neck, or hands. |
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| Minnesota |
Disfigurement or scarring, not |
Permanent impairment award |
--------- |
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resulting from loss of a member. |
based on physician's evaluation |
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of percent of loss to whole |
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person. |
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| Mississippi |
Serious facial or head. |
Maximum $2,000. |
--------- |
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| Missouri |
Serious and permanent about |
No statutory figure. |
40 weeks |
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the head, neck, hands or arms |
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including the loss of use of |
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the loss of a member. |
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| Montana |
Serious face, head, or neck. |
Maximum $2,500. |
--------- |
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| New Hampshire |
Disfigurement and scarring |
Permanent impairment
award |
350 weeks |
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caused by burns. |
based on physician's evalua- |
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tion of percent of loss to |
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whole person following AMA |
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guides times employee's |
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compensation rate. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| New Mexico |
Serious and permanent about |
Maximum $2,500, in addition |
--------- |
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the face or head. |
to other compensation benefits. |
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| New York |
Serious facial, head, neck, |
Maximum $20,000. |
--------- |
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or chest. |
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| North Carolina |
Serious facial or head, and |
Maximum $20,000. |
--------- |
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body when no compensation pay- |
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able under schedule of injuries. |
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| North Dakota |
----------------------------- |
No set figure, but permanent |
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partial impairment awards may |
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include an award for disfigure- |
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ment. |
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| Ohio |
Serious facial or head which impairs |
Maximum $5,000. |
--------- |
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opportunity to secure/retain |
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employment. |
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| Oklahoma |
Serious and permanent. |
Maximum $20,000. |
--------- |
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| Oregon |
---------------------------- |
No set dollar amount; however, |
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compensation is payable only |
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if disfigurement results in |
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certain psychological adjust- |
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ment problems. |
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| Pennsylvania |
Serious and permanent of head, |
66-2/3 percent of employee's |
275 weeks |
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face, or neck. |
average weekly wage. |
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| Puerto Rico |
Serious scar, burn, or change |
Maximum $3,000. |
--------- |
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in physiognomy of the face, |
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head, or neck. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| Puerto Rico |
Hands or arms if not con- |
Maximum $1,600. |
--------- |
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(cont.) |
sidered in determining any |
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other compensation. |
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| Rhode Island |
Permanent bodily. |
Proper and equitable compen- |
500 weeks |
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sation determined by the Work- |
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ers' Compensation Commission. |
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| South Carolina |
Serious and permanent of face, |
Proper and equitable benefits, |
50 weeks |
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head, neck, or other area |
unless benefits are otherwise |
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normally exposed in employment. |
payable for the loss, except |
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that benefits shall be paid for |
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serious burn and keloid scars |
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in addition to other benefits. |
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| South Dakota 3/ |
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| Tennessee |
Serious of the head, face, or |
66-2/3 percent of employee's |
200 weeks |
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hands, so altering the personal |
average weekly earnings; not to |
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appearance as to materially |
be awarded if compensated under |
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affect employability. |
any other provisions. |
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| Texas |
Any disfigurement is considered |
70 percent of employee's |
300 weeks |
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in the assignment of an |
average weekly wages not to |
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impairment rating in accordance |
exceed the maximum |
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with the AMA Guides. |
weekly benefit. |
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| 3/
South Dakota: Compensation for
permanent disfigurement shall be payable for a portion of 312 weeks which is
represented by the percentage of permanent |
| disfigurement that bears to the body as a
whole. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| Utah |
Areas of the body not specifi- |
Such period of compensation as |
312 weeks |
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cally covered in schedule. |
the Commission shall deem |
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equitable and in proportion as |
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near as may be to compensation |
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for specific loss as set forth |
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in the schedule. |
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| Vermont |
Permanent impairment of function |
Rating pursuant to most recent |
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edition of AMA Guides. |
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| Virginia |
Severely marked disfigurement of the body resulting |
66-2/3 percent of employee's |
60 weeks |
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from an injury not otherwise compensated by the schedule. |
average weekly wages. |
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| Virgin Islands |
Serious and permanent of the |
Equitable benefits in addition |
100 weeks |
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head, neck, or other normally |
to scheduled income benefits. |
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exposed areas that would affect |
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employability. |
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| Wisconsin |
Areas of the body that are |
At the discretion of the Depart- |
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exposed in the normal course |
ment of Workforce Development, |
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of employment. |
a sum not to exceed the employ- |
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ee's average annual earnings. |
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| Wyoming |
Permanent of the face or head |
In proportion to the extent of |
26 weeks |
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that affects earning capacity. |
the disfigurement plus an award |
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based on 2/3 percent of the |
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State average weekly wage. |
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TABLE 11. JURISDICTIONS PROVIDING DISFIGUREMENT
BENEFITS (cont.) |
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Nature of |
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Maximum |
| States |
Disfigurement |
Compensation Received |
Period |
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| United States*: |
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FECA |
Serious of the face, head, or |
66-2/3 percent of employee's |
--------- |
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neck of a character likely to |
monthly wage; in addition, |
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handicap employment. |
proper and equitable benefits |
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not to exceed $3,500. |
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LHWCA |
Serious facial, head, or neck |
Maximum $3,500. |
--------- |
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or of exposed areas likely to |
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handicap employment. |
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| *Federal
Employees' Compensation Act; Longshore and Harbor Workers' Compensation Act. |
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following jurisictions DO NOT provide a statute in their workers'
compensation law for disfigurement benefits: |
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| Alaska,
Georgia, Kentucky, Michigan, Nebraska, Nevada, **New Jersey, Washington State
and West Virginia. |
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| ** While
there is no specific statute for disfigurement benefits, awards can be made
for permanent disability based upon extent of disfigurement. |
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