Benefits for Permanent Partial Disability

Section 31-308 provides a list (see page 15) of body parts with the total number of weeks of compensation provided by law for each. For example, the master arm is scheduled for 208 weeks, so a “20% loss of use of the master arm” equals 20% of 208 weeks which equals 41.6 weeks of benefits. An employee eligible for a $200 per week benefit rate would receive 41.6 weekly payments of $200 for a total PPD benefit payment of $8,320.

The PPD weekly benefit rate is determined by the employee’s basic compensation rate at the time of the original injury or illness. As in everything else, it is subject to the legislated maximum and minimum amounts. After completing the disability evaluation, Form 42 (see the Forms section beginning on page 24), the attending physician giving the PPD rating should forward it to the employee, the employer/insurer, and the WCC District Office. PPD benefits should then begin within 30 days of the MMI date, or interest penalties may be applied. If the employer/insurer accepts the evaluation, a Voluntary Agreement (see the Forms section beginning on page 21) should be issued promptly for an Administrative Law Judge’s approval. This does not close out the case.

The claim remains open and the employer/insurer is still liable for future medical expenses and other compensation benefits. No workers’ compensation case may be closed without mutual agreement on the part of the claimant and the employer/insurer.

If there are two different opinions as to the degree of disability, the employee and the employer/insurer can either attempt to work out a compromise or request an Informal Hearing on the matter, where an Administrative Law Judge will review all medical information presented and may suggest a resolution to the dispute. (See Hearings and Appeals on page 12.)

In most cases, claimants will receive undisputed PPD benefits without the need for legal representation.