Connecticut General Statutes 31-308 – Compensation for partial incapacity
(a) If any injury for which compensation is provided under the provisions of this chapter results in partial incapacity, the injured employee shall be paid a weekly compensation equal to seventy-five per cent of the difference between the wages currently earned by an employee in a position comparable to the position held by the injured employee before his injury, after such wages have been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act in accordance with section 31-310, and the amount he is able to earn after the injury, after such amount has been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act in accordance with section 31-310, except that when (1) the physician, physician assistant or advanced practice registered nurse attending an injured employee certifies that the employee is unable to perform his usual work but is able to perform other work, (2) the employee is ready and willing to perform other work in the same locality and (3) no other work is available, the employee shall be paid his full weekly compensation subject to the provisions of this section. Compensation paid under this subsection shall not be more than one hundred per cent, raised to the next even dollar, of the average weekly earnings of production and related workers in manufacturing in the state, as determined in accordance with the provisions of section 31-309, and shall continue during the period of partial incapacity, but no longer than five hundred twenty weeks. If the employer procures employment for an injured employee that is suitable to his capacity, the wages offered in such employment shall be taken as the earning capacity of the injured employee during the period of the employment.
Terms Used In Connecticut General Statutes 31-308
- Administrative law judge: means the administrative law judge who has jurisdiction in the matter referred to in the context. See Connecticut General Statutes 31-275
- Compensation: means benefits or payments mandated by the provisions of this chapter, including, but not limited to, indemnity, medical and surgical aid or hospital and nursing service required under section 31-294d and any type of payment for disability, whether for total or partial disability of a permanent or temporary nature, death benefit, funeral expense, payments made under the provisions of section 31-284b, 31-293a or 31-310, or any adjustment in benefits or payments required by this chapter. See Connecticut General Statutes 31-275
- Date of the injury: means , for an occupational disease, the date of total or partial incapacity to work as a result of such disease. See Connecticut General Statutes 31-275
- Disfigurement: means impairment of or injury to the beauty, symmetry or appearance of a person that renders the person unsightly, misshapen or imperfect, or deforms the person in some manner, or otherwise causes a detrimental change in the external form of the person. See Connecticut General Statutes 31-275
- Employee: means any person who:
(i) Has entered into or works under any contract of service or apprenticeship with an employer, whether the contract contemplated the performance of duties within or without the state. See Connecticut General Statutes 31-275
- Employer: means any person, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any public corporation within the state using the services of one or more employees for pay, or the legal representative of any such employer, but all contracts of employment between an employer employing persons excluded from the definition of employee and any such employee shall be conclusively presumed to include the following mutual agreements between employer and employee: (A) That the employer may accept and become bound by the provisions of this chapter by immediately complying with section 31-284. See Connecticut General Statutes 31-275
- injury: includes , in addition to accidental injury that may be definitely located as to the time when and the place where the accident occurred, an injury to an employee that is causally connected with the employee's employment and is the direct result of repetitive trauma or repetitive acts incident to such employment, and occupational disease. See Connecticut General Statutes 31-275
- Member: includes all parts of the human body referred to in subsection (b) of section 31-308. See Connecticut General Statutes 31-275
- Physician: includes any person licensed and authorized to practice a healing art, as defined in section 20-1, and licensed under the provisions of chapters 370, 372 and 373 to practice in this state. See Connecticut General Statutes 31-275
- Scar: means the mark left on the skin after the healing of a wound or sore, or any mark, damage or lasting effect resulting from past injury. See Connecticut General Statutes 31-275
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) With respect to the following injuries, the compensation, in addition to the usual compensation for total incapacity but in lieu of all other payments for compensation, shall be seventy-five per cent of the average weekly earnings of the injured employee, calculated pursuant to section 31-310, after such earnings have been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act made from such employee’s total wages received during the period of calculation of the employee’s average weekly wage pursuant to said section 31-310, but in no case more than one hundred per cent, raised to the next even dollar, of the average weekly earnings of production and related workers in manufacturing in the state, as determined in accordance with the provisions of section 31-309, or less than fifty dollars weekly. All of the following injuries include the loss of the member or organ and the complete and permanent loss of use of the member or organ referred to:
MEMBER |
INJURY |
WEEKS OF |
Arm |
  |
  |
Master arm |
Loss at or above elbow |
208 |
Other arm |
Loss at or above elbow |
194 |
Hand |
  |
  |
Master hand |
Loss at or above wrist |
168 |
Other hand |
Loss at or above wrist |
155 |
One leg |
Loss at or above knee |
155 |
One foot |
Loss at or above ankle |
125 |
Hearing |
  |
  |
  |
Both ears |
104 |
  |
One ear |
  35 |
One eye |
  |
  |
  |
Complete and permanent |
|
  |
loss of sight in, or |
|
  |
reduction |
|
  |
of sight to one-tenth |
|
  |
or less |
|
  |
of normal vision |
157 |
Thumb* |
  |
  |
  |
On master hand |
  63 |
  |
On other hand |
  54 |
Fingers** |
  |
  |
  |
First finger |
  36 |
  |
Second finger |
  29 |
  |
Third finger |
  21 |
  |
Fourth finger |
  17 |
Toes*** |
  |
  |
  |
Great toe |
  28 |
  |
Other toes |
    9 |
Back |
  |
Number of weeks |
  |
which the |
|
  |
proportion of |
|
  |
incapacity |
|
  |
represents to a |
|
  |
maximum of 374 |
|
  |
weeks |
|
Heart |
  |
520 |
Brain |
  |
520 |
Carotid artery |
  |
520 |
Pancreas |
  |
416 |
Liver |
  |
347 |
Stomach |
  |
260 |
Loss of bladder |
  |
233 |
Speech |
  |
163 |
Lung |
  |
117 |
Cervical spine |
  |
117 |
Kidney |
  |
117 |
Rib cage |
Bilateral |
  69 |
Ovary |
  |
  35 |
Testis |
  |
  35 |
Mammary |
  |
  35 |
Nose |
Sense and respiratory |
|
   |
function |
  35 |
Jaw |
Mastication |
  35 |
Uterus |
  |
        35-104 |
Vagina |
  |
        35-104 |
Penis |
  |
        35-104 |
Coccyx |
Actual removal |
  35 |
Sense of smell |
  |
  17 |
Sense of taste |
  |
  17 |
Spleen |
In addition to scar |
  13 |
Gall bladder |
  |
  13 |
Tooth |
Minimum |
    1 |
Loss of drainage duct of eye |
  |
   |
(If corrected by prosthesis) |
  |
17 for each |
Loss of drainage duct of eye |
  |
   |
(If uncorrected by prosthesis) |
  |
33 for each |
Pelvis |
  |
     percentage of back |
*The loss or loss of use of one phalanx of a thumb shall be construed as seventy-five per cent of the loss of the thumb.
**The loss or loss of use of one phalanx of a finger shall be construed as fifty per cent of the loss of the finger. The loss of or loss of use of two phalanges of a finger shall be construed as ninety per cent of the loss of the finger.
***The loss or loss of use of one phalanx of a great toe shall be construed as sixty-six and two-thirds per cent of the loss of the great toe. The loss of the greater part of any phalanx shall be construed as the loss of a phalanx and shall be compensated accordingly.
If the injury consists of the loss of a substantial part of a member resulting in a permanent partial loss of the use of a member, or if the injury results in a permanent partial loss of function, the administrative law judge may, in the administrative law judge’s discretion, in lieu of other compensation, award to the injured employee the proportion of the sum provided in this subsection for the total loss of, or the loss of the use of, the member or for incapacity or both that represents the proportion of total loss or loss of use found to exist, and any voluntary agreement submitted in which the basis of settlement is such proportionate payment may, if otherwise conformable to the provisions of this chapter, be approved by the administrative law judge in the administrative law judge’s discretion. Notwithstanding the provisions of this subsection, the complete loss or loss of use of an organ which results in the death of an employee shall be compensable pursuant only to section 31-306.
(c) In addition to compensation for total or partial incapacity or for a specific loss of a member or use of the function of a member of the body, the administrative law judge, not earlier than one year from the date of the injury and not later than two years from the date of the injury or the surgery date of the injury, may award compensation equal to seventy-five per cent of the average weekly earnings of the injured employee, calculated pursuant to section 31-310, after such earnings have been reduced by any deduction for federal or state taxes, or both, and for the federal Insurance Contributions Act made from such employee’s total wages received during the period of calculation of the employee’s average weekly wage pursuant to said section 31-310, but not more than one hundred per cent, raised to the next even dollar, of the average weekly earnings of production and related workers in manufacturing in the state, as determined in accordance with the provisions of section 31-309, for up to two hundred eight weeks, for any permanent significant disfigurement of, or permanent significant scar on, (A) the face, head or neck, or (B) on any other area of the body which handicaps the employee in obtaining or continuing to work. The administrative law judge may not award compensation under this subsection when the disfigurement was caused solely by the loss of or the loss of use of a member of the body for which compensation is provided under subsection (b) of this section or for any scar resulting from an inguinal hernia operation or any spinal surgery. In making any award under this subsection, the administrative law judge shall consider (1) the location of the scar or disfigurement, (2) the size of the scar or disfigurement, (3) the visibility of the scar or disfigurement due to hyperpigmentation or depigmentation, whether hypertrophic or keloidal, (4) whether the scar or disfigurement causes a tonal or textural skin change, causes loss of symmetry of the affected area or results in noticeable bumps or depressions in the affected area, and (5) other relevant factors. Notwithstanding the provisions of this subsection, no compensation shall be awarded for any scar or disfigurement which is not located on (A) the face, head or neck, or (B) any other area of the body which handicaps the employee in obtaining or continuing to work. In addition to the requirements contained in section 31-297, the administrative law judge shall provide written notice to the employer prior to any hearing held by the administrative law judge to consider an award for any scar or disfigurement under this subsection.
(d) Any award or agreement for compensation made pursuant to this section shall be paid to the employee, or in the event of the employee’s death, whether or not a formal award has been made prior to the death, to his surviving spouse or, if he has no surviving spouse, to his dependents in equal shares or, if he has no surviving spouse or dependents, to his children, in equal shares, regardless of their age.