PERMANENT INJURIES: SCHEDULE LOSS OF USE

There are special types of money awards for “extremities” only (limbs). These types of awards do not include the head, neck, back, or psychiatric injuries. This type of settlement does not

stop the injured worker from reopening the case in the future if the injury gets a lot worse.

Schedule loss of use (SLU) is the most overlooked source of monetary compensation in the entire WC system. Many injured workers do not understand that if you permanently injure a

limb, your vision, hearing, or face, or a combination of these body parts, you may be entitled to large money awards even if you lost no time from work.

Examples from the schedule of body parts:

• 100% loss of a thumb is worth 75 weeks of benefits

• 100% loss of an arm is worth 312 weeks

• 100% loss of a leg is worth 288 weeks

• 100% loss of a foot is worth 205 weeks

• 100% loss of an eye is worth 160 weeks

• 100% loss of vision in one eye is also worth 160 weeks

“If you permanently injure a limb, your vision, hearing,or face, or a combination of these body parts, you may be entitled to large money awards even if you lost no time work.”

Normally, the injured worker has less than a full loss of the limb, and the percentage is determined by looking at doctors’ opinions. SLU awards are paid out at the maximum rate. For example, Teresa injures her shoulder at work. She earns just $600 per week as a medical secretary. Her doctor examines her a year after the accident and tells her that she has permanently lost 15 percent of the use of her arm due to the injury. This medical report would give her (if the Board decides it is correct) 15% of arm = 46.8 weeks x maximum rate of $400 (two-thirds of Teresa’s salary)= $18,720 tax free Both the carrier and the injured worker normally obtain a doctor’s report stating what percentage SLU the injured worker has.

The Board is not allowed to issue a decision that finds a permanent loss of use between an injured worker’s doctor’s SLU percentage and the carrier’s IME’s SLU percentage. The only

way the Board can issue a decision in the beginning is if the two reports agree with each other. If the two reports disagree, the Board orders depositions so that the judge can decide which of

the two reports is actually correct. Compromises can be reached, however, by the worker and the carrier through stipulations.
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