§386-32  Partial disability.  (a) 

Permanent partial disability.  Where a work injury causes permanent partial

disability, the employer shall pay the injured worker compensation in an amount

determined by multiplying the effective maximum weekly benefit rate prescribed

in section 386-31 by the number of weeks specified for the disability as

follows:

     Thumb.  For the loss of thumb, seventy-five

weeks;

     First finger.  For the loss of a first finger,

commonly called index finger, forty-six weeks;

     Second finger.  For the loss of a second

finger, 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 fourth

finger, commonly called the little finger, fifteen weeks;

     Phalanx of thumb or finger.  Loss of the first

phalanx 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 the

loss of the thumb.  The loss of the first phalanx of any finger shall be equal

to the loss of one-half of the finger, and compensation shall be one-half of

the amount above specified for loss of the finger.  The loss of more than one

phalanx of the thumb or any finger shall be considered as loss of the entire

thumb or finger;

     Great toe.  For the loss of a great toe,

thirty-eight weeks;

     Other toes.  For the loss of one of the toes

other than the great toe, sixteen weeks;

     Phalanx of toe.  Loss of the first phalanx of

any toe shall be equal to the loss of one-half of the toe, and the compensation

shall be one-half of the amount specified for the loss of the toe.  The loss of

more than one phalanx of any toe shall be considered as the loss of the entire

toe;

     Hand.  For the loss of a hand, two hundred

forty-four weeks;

     Arm.  For the loss of an arm, three hundred

twelve weeks;

     Foot.  For the loss of a foot, two hundred five

weeks;

     Leg.  For the loss of a leg, two hundred

eighty-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 forty

weeks.  Loss of binocular vision or of eighty per cent of the vision of an eye

shall be considered loss of vision of the eye;

     Ear.  For the permanent and complete loss of

hearing in both ears, two hundred weeks.  For the permanent and complete loss

of hearing in one ear, fifty-two weeks.  For the loss of both ears, eighty

weeks.  For the loss of one ear, forty weeks;

     Loss of use.  Permanent loss of the use of a

hand, arm, foot, leg, thumb, finger, toe, or phalanx shall be equal to and

compensated as the loss of a hand, arm, foot, leg, thumb, finger, toe, or

phalanx;

     Partial loss or loss of use of member named in

schedule.  Where a work injury causes permanent partial disability resulting

from partial loss of use of a member named in this schedule, and where the

disability is not otherwise compensated in this schedule, compensation shall be

paid for a period that stands in the same proportion to the period specified

for the total loss or loss of use of the member as the partial loss or loss of

use of that member stands to the total loss or loss of use thereof;

     More than one finger or toe of same hand or

foot.  In cases of permanent partial disability resulting from simultaneous

injury to the thumb and one or more fingers of one hand, or to two or more

fingers of one hand, or to the great toe and one or more toes other than the

great toe of one foot, or to two or more toes other than the great toe of one

foot, the disability may be rated as a partial loss or loss of use of the hand

or 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 one

finger or toe of the same hand or foot exceed the amount provided in this

schedule for the loss of a hand or foot;

     Amputation.  Amputation between the elbow and

the wrist shall be rated as the equivalent of the loss of a hand. Amputation

between the knee and the ankle shall be rated as the equivalent of the loss of

a foot.  Amputation at or above the elbow shall be rated as the loss of an

arm.  Amputation at or above the knee shall be rated as the loss of a leg;

     Disfigurement.  In cases of personal injury

resulting in disfigurement the director may award compensation not to exceed

$30,000 as the director deems proper and equitable in view of the

disfigurement.  Disfigurement shall be separate from other permanent partial

disabilities and shall include scarring and other disfiguring consequences caused

by medical, surgical, and hospital treatment of the employee;

     Other cases.  In all other cases of permanent

partial disability resulting from the loss or loss of use of a part of the body

or from the impairment of any physical function, weekly benefits shall be paid

at the rate and subject to the limitations specified in this subsection for a

period that bears the same relation to a period named in the schedule as the

disability sustained bears to a comparable disability named in the schedule. 

In cases in which the permanent partial disability must be rated as a

percentage of the total loss or impairment of a physical or mental function of

the whole person, the maximum compensation shall be computed on the basis of

the corresponding percentage of the product of three hundred twelve times the

effective maximum weekly benefit rate prescribed in section 386-31.

     Payment of compensation for permanent partial

disability.  Compensation for permanent partial disability shall be paid in

weekly installments at the rate of sixty-six and two-thirds per cent of the

worker's average weekly wage, subject to the limitations on weekly benefit

rates prescribed in section 386-31.

     Unconditional nature and time of commencement

of payment.  Compensation for permanent partial disability shall be paid

regardless of the earnings of the disabled employee subsequent to the injury. 

Payments shall not commence until after termination of any temporary total

disability that may be caused by the injury.

     (b)  Temporary partial disability.  Where a

work injury causes partial disability, not determined to be permanent, which

diminishes the employee's capacity for work, the employer, beginning with the

first day of the disability and during the continuance thereof, shall pay the

injured employee weekly benefits equal to sixty-six and two-thirds per cent of

the difference between the employee's average weekly wages before the injury

and the employee's weekly earnings thereafter, subject to the schedule for the

maximum and minimum weekly benefit rates prescribed in section 386-31.

     (c)  Provisions common to permanent and

temporary partial disability.  No determination of partial disability shall be

made until two weeks from the date of the injury. [L 1963, c 116, pt of §1; am

L 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, c

47, §1; am L 1974, c 153, §3; gen ch 1985; am L 1992, c 67, §1; am L 1995, c

234, §9]

 

Case Notes

 

  Right to compensation presupposes disability for work, either

total or partial.  34 H. 317 (1937).

  Disfigurement benefits may be awarded in addition to

permanent total disability benefits.  59 H. 409, 583 P.2d 321 (1978).

  Exclusiveness of scheduled allowances rejected.  67 H. 16,

675 P.2d 770 (1984).

  Injury to one finger may constitute hand disability.  67 H.

16, 675 P.2d 770 (1984).

  A decision that finally adjudicates the matter of medical and

temporary disability benefits under §§386-21, 386-31(b), and subsection (b) is

an appealable final order under §91-14(a), even though the matter of permanent

disability benefits under §386-31(a) and subsection (a) has been left for later

determination.  89 H. 436, 974 P.2d 1026 (1999).

  Odd-lot doctrine.  2 H. App. 659, 638 P.2d 1381 (1982); 8 H.

App. 543, 812 P.2d 1199 (1991).

  Appeals board was not limited to basing its partial permanent

disability (PPD) award on the impairment of claimant's great toe, but could

determine the extent to which the effects of claimant's great toe injury

resulted in the impairment of claimant's whole body where the effects of an

injury to a scheduled member extended to other parts of the body not included

in 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's

great toe if that award exceeded the appeals board's award based on the

impairment of claimant's whole person.  119 H. 304 (App.), 196 P.3d 306 (2008).

  Cited:  24 H. 731, 733 (1919).