Section 7-121. SCHEDULE AWARDS

 

121.1In accordance with section 2307(c) of the Act, the following is the compensation schedule for permanent total loss of use of a member, function, or organ of the body:

 

(a) Arm    Three hundred twelve (312) weeks; 

 

(b) Leg    Two hundred eighty-eight (288) weeks;

 

(c) Eye    One hundred sixty (160) weeks;

 

(d) Hand    Two hundred forty-four (244) weeks;

 

(e) Thumb    Seventy-five (75) weeks;

 

(f) First Finger   Forty-six (46) weeks;

(g) Second Finger   Thirty (30) weeks;

 

(h) Third Finger   Twenty-five (25) weeks;

 

(i) Fourth Finger   Fifteen (15) weeks;

 

(j) Foot    Two hundred five (205) weeks;

 

(k) Great Toe    Thirty-eight (38) weeks;

 

(l) Non-Great Toe  Sixteen (16) weeks;

 

(m) Complete loss of hearing  Fifty-two (52) weeks;

in one ear 

 

          (n) Complete loss of hearing  Two hundred (200) weeks;

in both ears 

 

(o) Breast (one)   Fifty-two (52) weeks;

 

(p) Kidney (one)   One hundred fifty-two (152) weeks;

 

(q) Larynx    One hundred sixty (160) weeks;

 

(r) Lung (one)   One hundred fifty-six (156) weeks;

 

(s) Penis    Two hundred five (205) weeks;

 

(t) Testicle   Fifty-two (52) weeks; and

 

(u) Tongue   One hundred sixty (160) weeks;

 

121.2If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.

 

121.3Compensation for loss of more than one (1) phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half (1/2) of the compensation for loss of the entire digit.

 

121.4Compensation for loss of use of two (2) or more digits or one (1) or more phalanges of each of two (2) or more digits of a hand or foot is proportioned to the loss of the use of the hand or foot occasioned thereby.

 

121.5For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed seven thousand five hundred dollars ($7,500) shall be awarded in addition to any other compensation payable under this schedule.

 

121.6Compensation for loss of binocular vision or for loss of eighty percent (80%) or more of the vision of any eye is the same as for loss of the eye. 

 

121.7Compensation for partial bilateral loss of hearing is computed on the loss as affecting both ears.

 

121.8The degree of loss of vision or hearing under this schedule is determined without regard to correction.

 

121.9In the case of the loss of use of more than one (1) member or parts of more than one (1) member as enumerated by this section, the scheduled award is for the loss of the use of each member or part thereof and the awards run consecutively. 

 

121.10Compensation for permanent total loss of use of a member is the same as for loss of the member.

 

121.11Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member.

 

121.12If medical records or other objective evidence substantiates a pre-existing impairment or other impairments or conditions unrelated to the work-related injury, the Program shall apportion the pre-existing or un-related medical impairment from that of the current work-related injury or occupational disease in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment.

 

121.13A claimant may request a schedule award under this section from the Program.  The request shall be in writing and provide supporting information and documentation, including a permanent partial disability (PPD) rating from a qualified physician. 

 

121.14The Program shall review the request, and may request additional information or action as necessary, including the scheduling of a physical examination(s) to evaluate the extent of permanency. 

 

121.15The Program shall make a determination on a request made under § 121.13 within sixty (60) calendar days of receipt of the request. 

 

121.16An employee’s return to full duty in his or her pre-injury job shall constitute prima facie evidence that the employee has not suffered permanent wage loss as a result of his or her injury. 

 

121.17When making any determination under this section, the Program shall consider medical reports by physicians with specific training and experience in the use of American Medical Association Guides to the Evaluation of Permanent Impairment.

 

121.18The program shall issue its decision in the form of a Notice of Determination.  The NOD shall inform the employee or claimant of his or her right to appeal the decision by requesting a hearing before the OHA within thirty (30) days of the date of the Program’s decision. 

 

121.19An employee or claimant may not receive indemnity compensation and a schedule award at the same time.  If the Program grants a request for a schedule award under this section, it shall inform the employee or claimant of when the employee’s or claimant’s indemnity compensation payments will be suspended and when the schedule award payments will begin.  The employee or claimant may request that the indemnity compensation payments be suspended and the schedule award payments begin on a certain date.     

 

authority

Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor’s Order 2004-198, effective December 14, 2004

source

Final Rulemaking published at 47 DCR 9675 (September 15, 2000); as amended by Notice of Final Rulemaking published at 52 DCR 11902 (December 23, 2005); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8787 (July 27, 2012).