§386-32  Partial disability.  (a) Permanent partial disability.  Where a work injury causes permanent partialdisability, the employer shall pay the injured worker compensation in an amountdetermined by multiplying the effective maximum weekly benefit rate prescribedin section 386-31 by the number of weeks specified for the disability asfollows:

Thumb.  For the loss of thumb, seventy-fiveweeks;

First finger.  For the loss of a first finger,commonly called index finger, forty-six weeks;

Second finger.  For the loss of a secondfinger, commonly called the middle finger, thirty weeks;

Third finger.  For the loss of a third finger,commonly called the ring finger, twenty-five weeks;

Fourth finger.  For the loss of a fourthfinger, commonly called the little finger, fifteen weeks;

Phalanx of thumb or finger.  Loss of the firstphalanx of the thumb shall be equal to the loss of three-fourths of the thumb,and compensation shall be three-fourths of the amount above specified for theloss of the thumb.  The loss of the first phalanx of any finger shall be equalto the loss of one-half of the finger, and compensation shall be one-half ofthe amount above specified for loss of the finger.  The loss of more than onephalanx of the thumb or any finger shall be considered as loss of the entirethumb or finger;

Great toe.  For the loss of a great toe,thirty-eight weeks;

Other toes.  For the loss of one of the toesother than the great toe, sixteen weeks;

Phalanx of toe.  Loss of the first phalanx ofany toe shall be equal to the loss of one-half of the toe, and the compensationshall be one-half of the amount specified for the loss of the toe.  The loss ofmore than one phalanx of any toe shall be considered as the loss of the entiretoe;

Hand.  For the loss of a hand, two hundredforty-four weeks;

Arm.  For the loss of an arm, three hundredtwelve weeks;

Foot.  For the loss of a foot, two hundred fiveweeks;

Leg.  For the loss of a leg, two hundredeighty-eight weeks;

Eye.  For the loss of an eye by enucleation,one hundred sixty weeks.  For the loss of vision in an eye, one hundred fortyweeks.  Loss of binocular vision or of eighty per cent of the vision of an eyeshall be considered loss of vision of the eye;

Ear.  For the permanent and complete loss ofhearing in both ears, two hundred weeks.  For the permanent and complete lossof hearing in one ear, fifty-two weeks.  For the loss of both ears, eightyweeks.  For the loss of one ear, forty weeks;

Loss of use.  Permanent loss of the use of ahand, arm, foot, leg, thumb, finger, toe, or phalanx shall be equal to andcompensated as the loss of a hand, arm, foot, leg, thumb, finger, toe, orphalanx;

Partial loss or loss of use of member named inschedule.  Where a work injury causes permanent partial disability resultingfrom partial loss of use of a member named in this schedule, and where thedisability is not otherwise compensated in this schedule, compensation shall bepaid for a period that stands in the same proportion to the period specifiedfor the total loss or loss of use of the member as the partial loss or loss ofuse of that member stands to the total loss or loss of use thereof;

More than one finger or toe of same hand orfoot.  In cases of permanent partial disability resulting from simultaneousinjury to the thumb and one or more fingers of one hand, or to two or morefingers of one hand, or to the great toe and one or more toes other than thegreat toe of one foot, or to two or more toes other than the great toe of onefoot, the disability may be rated as a partial loss or loss of use of the handor the foot and the period of benefit payments shall be measured accordingly. In no case shall the compensation for loss or loss of use of more than onefinger or toe of the same hand or foot exceed the amount provided in thisschedule for the loss of a hand or foot;

Amputation.  Amputation between the elbow andthe wrist shall be rated as the equivalent of the loss of a hand. Amputationbetween the knee and the ankle shall be rated as the equivalent of the loss ofa foot.  Amputation at or above the elbow shall be rated as the loss of anarm.  Amputation at or above the knee shall be rated as the loss of a leg;

Disfigurement.  In cases of personal injuryresulting in disfigurement the director may award compensation not to exceed$30,000 as the director deems proper and equitable in view of thedisfigurement.  Disfigurement shall be separate from other permanent partialdisabilities and shall include scarring and other disfiguring consequences causedby medical, surgical, and hospital treatment of the employee;

Other cases.  In all other cases of permanentpartial disability resulting from the loss or loss of use of a part of the bodyor from the impairment of any physical function, weekly benefits shall be paidat the rate and subject to the limitations specified in this subsection for aperiod that bears the same relation to a period named in the schedule as thedisability sustained bears to a comparable disability named in the schedule. In cases in which the permanent partial disability must be rated as apercentage of the total loss or impairment of a physical or mental function ofthe whole person, the maximum compensation shall be computed on the basis ofthe corresponding percentage of the product of three hundred twelve times theeffective maximum weekly benefit rate prescribed in section 386-31.

Payment of compensation for permanent partialdisability.  Compensation for permanent partial disability shall be paid inweekly installments at the rate of sixty-six and two-thirds per cent of theworker's average weekly wage, subject to the limitations on weekly benefitrates prescribed in section 386-31.

Unconditional nature and time of commencementof payment.  Compensation for permanent partial disability shall be paidregardless of the earnings of the disabled employee subsequent to the injury. Payments shall not commence until after termination of any temporary totaldisability that may be caused by the injury.

(b)  Temporary partial disability.  Where awork injury causes partial disability, not determined to be permanent, whichdiminishes the employee's capacity for work, the employer, beginning with thefirst day of the disability and during the continuance thereof, shall pay theinjured employee weekly benefits equal to sixty-six and two-thirds per cent ofthe difference between the employee's average weekly wages before the injuryand the employee's weekly earnings thereafter, subject to the schedule for themaximum and minimum weekly benefit rates prescribed in section 386-31.

(c)  Provisions common to permanent andtemporary partial disability.  No determination of partial disability shall bemade until two weeks from the date of the injury. [L 1963, c 116, pt of §1; amL 1965, c 106, §1; Supp, §97-31; am L 1967, c 138, §2; HRS §386-32; am L 1969,c 25, §1; am L 1970, c 100, §1 and c 126, §1; am L 1972, c 42, §2; am L 1973, c47, §1; am L 1974, c 153, §3; gen ch 1985; am L 1992, c 67, §1; am L 1995, c234, §9]

 

Case Notes

 

  Offsets for workers' compensation benefits in pension planconstituted forfeitures under ERISA.  504 F. Supp. 958.

  Workers' compensation benefits clearly intended to indemnifyworkers for job related injury or disease, not to provide income lost onretirement.  504 F. Supp. 958.

  Right to compensation presupposes disability for work, eithertotal or partial.  34 H. 317.

  Disfigurement benefits may be awarded in addition topermanent total disability benefits.  59 H. 409, 583 P.2d 321.

  Exclusiveness of scheduled allowances rejected.  67 H. 16,675 P.2d 770.

  Injury to one finger may constitute hand disability.  67 H.16, 675 P.2d 770.

  A decision that finally adjudicates the matter of medical andtemporary disability benefits under §§386-21, 386-31(b), and subsection (b) isan appealable final order under §91-14(a), even though the matter of permanentdisability benefits under §386-31(a) and subsection (a) has been left for laterdetermination.  89 H. 436, 974 P.2d 1026.

  Appeals board was not limited to basing its partial permanentdisability (PPD) award on the impairment of claimant's great toe, but coulddetermine the extent to which the effects of claimant's great toe injuryresulted in the impairment of claimant's whole body where the effects of aninjury to a scheduled member extended to other parts of the body not includedin subsection (a)'s schedule of awards or to the whole person; subsection (a)thus entitled claimant to a PPD award based on the impairment of claimant'sgreat toe if that award exceeded the appeals board's award based on theimpairment of claimant's whole person.  119 H. 304 (App.), 196 P.3d 306.

  Odd-lot doctrine.  2 H. App. 659, 638 P.2d 1381; 8 H. App.543, 812 P.2d 1199.

  Cited:  24 H. 731, 733.