§ 10.404. When and how is compensation for a schedule impairment paid?
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/us/cfr/t20/s§ 10.404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Compensation is provided for specified periods of time for the permanent loss or loss of use of certain members, organs and functions of the body. Such loss or loss of use is known as permanent impairment. Compensation for proportionate periods of time is payable for partial loss or loss of use of each member, organ or function. 5 U.S.C. 8107(b)(19). OWCP evaluates the degree of impairment to schedule members, organs and functions as defined in 5 U.S.C. 8107 according to the standards set forth in the specified (by OWCP) edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment.
(a)5 U.S.C. 8107(c) provides compensation for loss to the following list of schedule members: Member Weeks Arm312 Leg288 Hand244 Foot205 Eye160 Thumb75 First Finger lost46 Great toe38 Second finger30 Third finger25 Toe other than great toe16 Fourth finger15 Hearing, one ear52 Hearing, both ears200
(b)Pursuant to the authority provided by 5 U.S.C. 8107(c)(22), the Secretary has added the following organs to the compensation schedule for injuries that were sustained on or after September 7, 1974, except that a schedule award for the skin may be paid for injuries on or after September 11, 2001: Member Weeks Breast (one)52 Kidney (one)156 Larynx160 Lung (one)156 Penis205 Testicle (one)52 Tongue160 Ovary (one)52 Uterus/cervix and vulva/vagina205 Skin205
(c)Compensation for schedule awards is payable at 66 2/3 percent of the employee's pay, or 75 percent of the pay when the employee has at least one dependent.
(d)The period of compensation payable under 5 U.S.C. 8107(c) shall be reduced by the period of compensation paid or payable under the schedule for an earlier injury if:
(1)Compensation in both cases is for impairment of the same member or function or different parts of the same member or function, or for disfigurement; and
(2)OWCP finds that compensation payable for the later impairment in whole or in part would duplicate the compensation payable for the pre-existing impairment.
(e)Compensation not to exceed $3,500 may be paid for serious disfigurement of the face, head or neck which is likely to handicap a person in securing or maintaining employment. Under 5 U.S.C. 8107(21), a disfigurement award may be paid concurrently with schedule awards.
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