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§ 9-627. Duration of compensation

West's Annotated Code of MarylandLabor and Employment

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 6. Benefits (Refs & Annos)
Part IV. Permanent Partial Disability (Refs & Annos)
MD Code, Labor and Employment, § 9-627
§ 9-627. Duration of compensation
In general
(a) If a covered employee is entitled to compensation for a permanent partial disability under this Part IV of this subtitle, the employer or its insurer shall pay the covered employee compensation for the period stated in this section.
Loss of thumb, finger, or great toe
(b) Compensation shall be paid for the period listed for the loss of the following:
(1) a thumb, 100 weeks;
(2) a 1st finger, commonly called the index finger, 40 weeks;
(3) a 2nd finger, 35 weeks;
(4) a 3rd finger, 30 weeks;
(5) a 4th finger, commonly called the little finger, 25 weeks; and
(6) a great toe, 40 weeks.
Loss and loss of use of phalanxes and digits
(c)(1) Compensation for the loss of more than 1 phalanx of a digit of a hand or foot shall be the same as the compensation for the loss of the entire digit.
(2) Compensation for the loss of the 1st phalanx of a digit shall be 50% of the compensation for the loss of the entire digit.
(3) Compensation for the loss or loss of use of 2 or more digits or 1 or more phalanxes of 2 or more digits of a hand or foot:
(i) may be apportioned to the loss of use of the hand or foot caused by the loss or loss of use of the digits or phalanxes; but
(ii) may not exceed the compensation for the loss of a hand or foot.
Loss of other toes, hand, arm, foot, leg, eye, hearing, or septum
(d)(1) Compensation shall be paid for the period listed for the loss of the following:
(i) 1 of the toes other than the great toe, 10 weeks;
(ii) a hand, 250 weeks;
(iii) an arm, 300 weeks;
(iv) a foot, 250 weeks;
(v) a leg, 300 weeks; and
(vi) an eye, 250 weeks.
(2) Compensation shall be paid for the period listed for:
(i) the total loss of hearing of 1 ear, 125 weeks; and
(ii) the total loss of hearing of both ears, 250 weeks.
(3) Compensation shall be paid for a perforated nasal septum for 20 weeks.
Permanent loss of use of hand, arm, foot, leg, or eye
(e) The permanent loss of use of a hand, arm, foot, leg, or eye shall be considered equivalent to the loss of the hand, arm, foot, leg, or eye.
Partial loss of vision
(f)(1) When a covered employee has a partial loss of vision in 1 or both eyes, compensation shall be paid that bears the same ratio to compensation for a total loss of vision that the partial loss of vision bears to the total loss of vision.
(2) In determining the percentage of vision lost, consideration may not be given to the effect that a correcting lens may have on the eye.
Amputation
(g)(1) An amputation at or above the wrist or ankle may be apportioned to the loss of the use of the arm or leg, but may not be less than the compensation for the loss or loss of use of a hand or foot.
(2) Amputation at or above the elbow shall be considered the loss of an arm.
(3) Amputation at or above the knee shall be considered the loss of a leg.
Amputation or loss of use of part of member of body
(h) When there has been an amputation or the loss of use of a part of any member of the body listed in this section for which compensation is not specifically provided in this section, the Commission shall award compensation for the proportion of the total number of weeks allowed for the amputation or loss of use of the entire member that the amputated or affected portion bears to the entire member.
Mutilations and disfigurements
(i)(1) For mutilations and disfigurements not provided for in this section, the Commission may award compensation for up to 156 weeks.
(2) In making an award under paragraph (1) of this subsection, the Commission shall consider the character of the mutilation or disfigurement as compared with mutilation and disfigurement specifically provided for in this section.
Industrial loss-Compensation for less than 75 weeks
(j)(1) When compensation is awarded for less than 75 weeks for a disability listed in subsection (b) of this section, the Commission may determine that the disability results in an industrial loss by considering factors including:
(i) the nature of the physical disability; and
(ii) the age, experience, occupation, and training of the employee when the accidental personal injury or occupational disease occurred.
(2) If the Commission determines that the accidental personal injury or occupational disease results in industrial loss, the Commission may award the covered employee additional weeks of compensation not to exceed a total disability of 75 weeks.
Other cases
(k)(1) In all cases of permanent partial disability not listed in subsections (a) through (j) of this section, the Commission shall determine the percentage by which the industrial use of the covered employee's body was impaired as a result of the accidental personal injury or occupational disease.
(2) In making a determination under paragraph (1) of this subsection, the Commission shall consider factors including:
(i) the nature of the physical disability; and
(ii) the age, experience, occupation, and training of the disabled covered employee when the accidental personal injury or occupational disease occurred.
(3) The Commission shall award compensation to the covered employee in the proportion that the determined loss bears to 500 weeks.
(4) Compensation shall be paid to the covered employee at the rates listed for the period in §§ 9-628 through 9-630 of this Part IV of this subtitle.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5; Acts 1992, c. 22, § 1.
Formerly Art. 101, § 36.
MD Code, Labor and Employment, § 9-627, MD LABOR & EMPLY § 9-627
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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