FECA Procedure Manual 2-0808 — Schedule Awards and Permanent Disability Claims

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶1, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

This chapter outlines the difference between impairment and disability, and focuses primarily on the procedures for the development, adjudication and payment of schedule award claims.

PM 3-0700 should also be consulted for further information on schedule awards.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶2, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

Impairment is a medical concept, and any evaluation of impairment must rest upon medical evidence. Disability, on the other hand, is an economic concept which reflects a claimant's inability to earn wages comparable to those received before the injury. The degree of impairment is a major factor in evaluating disability, but it is not the only one; others include age, education, and work history. The kinds of permanent disability and impairment are as follows:

a. Permanent Total Disability (PTD). Claimants are rarely considered to have disability which is permanent and total in nature. Only in catastrophic injuries or long-standing chronic conditions should this course be considered, and then only after all attempts to reemploy and/or rehabilitate the claimant have been exhausted. See 5 U.S.C. 8105.

b. Permanent Partial Disability (PPD). In disability which is permanent in nature but only partial, compensation is based on the difference between the wages earned at the time of injury, disability, or recurrence, and the wages the claimant is capable of earning after the injury. This difference is called loss of wage-earning capacity (LWEC). See 5 U.S.C. 8106.

c. Permanent Impairment. This term is defined as the loss or loss of use of a part of the body, whether total or partial. See 5 U.S.C. 8107 and 20 C.F.R. §10.404.

The degree of impairment is established by medical evidence and expressed as a percentage of loss of the member involved. Permanent impairment may originate either within the affected member or in another part of the body. For instance, a back injury may result in impairment to a leg, for which a schedule award would be payable. See, Veronica Williams, 56 ECAB 367 (2005) (ECAB noted that the members and functions listed in the schedule award provision and the regulation do not include impairments of the back or the body as a whole. A claimant, though, may be entitled to a schedule award for a permanent impairment to the leg if the cause of the impairment originated in the spine citing: John Litwinka, 41 ECAB 956 (1990), which noted that Section 8107(a)(1) of the FECA states a schedule award is "payable regardless of whether the cause of the disability originates in a part of the body other than that member."). A claimant may also receive an award for more than one part of the body in connection with a single injury.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶3, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

The FECA provides that loss of both hands, arms, feet, or legs, or the loss of sight of both eyes is prima facie evidence of permanent total disability. See 5 U.S.C. 8105(b). It does not mean, however, that a claimant in this medical condition should be automatically declared permanently and totally disabled. Some individuals may be able to work despite such severe medical conditions, and the possibility of rehabilitation and/or reemployment should be explored before any declaration is made.

In very few other cases is it necessary or desirable to make a determination of permanent and total disability. Such a determination confers no additional benefit on the claimant, and it could result in forfeiture of other rights that a claimant may possess under other Federal laws. Therefore, it is usually sufficient to continue payments for temporary total disability (TTD), even where efforts to reemploy and/or rehabilitate the claimant have failed.

In the rare instance where such a determination is appropriate, it should be based on the evaluations of the attending physician or other physicians who have examined the claimant. Such a determination does not supersede any award which may be payable for a schedule impairment. Whenever a case involves both permanent total disability and schedule impairment, the CE should pay the schedule award and then continue compensation for permanent and total disability at the expiration of the schedule award. It may be necessary to first obtain an election if the claimant is also receiving an annuity from the Office of Personnel Management (OPM).

Note - There is no specific case status to differentiate or classify a claimant as permanently, totally disabled as defined by 5 U.S.C. 8105(b).

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶4, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

Permanent impairment to certain parts of the body will entitle the claimant to an award of compensation payable for a set number of weeks. The Claims Examiner (CE) should monitor medical reports for the possibility of eventual impairment to a schedule member and the date by which maximum medical improvement (MMI) is expected. If it appears that a schedule award may be payable, the CE should advise the claimant via Form CA-1053, or the equivalent, of his or her possible entitlement to such an award.

a. General Considerations.

(1) The length of the award is determined by the provisions of 5 U.S.C. 8107, which also lists the parts of the body which may be considered for such an award. Additional parts of the body which may be considered are listed in 20 CFR §10.404.

(2) In some instances a schedule award may be payable even if the claimant had a pre-existing loss or loss of use of 100 percent of a member or function of the body. Cases of this type should be developed to determine the prior usefulness of the member or function and whether the injury in Federal employment has diminished any such usefulness, in whole or in part.

(3) A schedule award is payable consecutively but not concurrently with an award for wage loss for disability for the same injury. See, e.g., S.W., Docket No. 10-2071 (issued July 11, 2011). However, a schedule award may be paid concurrently with salary reimbursement under the Assisted Reemployment Program. If the injury occurred on or after September 13, 1957, the schedule award may be paid concurrently with benefits under the U. S. Civil Service Retirement Act.

(4) If a claimant loses wages to obtain medical treatment during the period of a schedule award (e.g. claims hours due to a medical appointment with the treating physician), compensation for the hours lost may be paid concurrently with a schedule award, as time lost for medical appointments is not considered disability. As noted above, however, time lost for disability surrounding the appointment (if any) cannot be paid concurrently with a schedule award.

(5) A schedule award for one injury may be paid concurrently with compensation for wage loss paid for another injury, as long as the two injuries do not involve the same part of the body and/or extremity. For example, a claimant is currently receiving a schedule award for 10% permanent partial impairment of the right arm due to a work-related right rotator cuff tear. The claimant files for total disability under another claim for the same period due to undergoing right carpal tunnel surgery. Compensation claimed for total disability cannot be paid since compensation involves the same extremity, the right arm. See J.B., Docket No. 08-1178 issued December 22, 2008; and V.P., Docket No. 07-1158 issued December 17, 2007.

(6) Lump sum schedule awards. In certain situations, a claimant may be entitled to receive a lump sum payment of his or her schedule award. Lump sum schedule awards are discussed in FECA PM 2-1300.

(7) Schedule awards unpaid at death. Under 5 U.S.C. 8109, if an individual has sustained impairment compensable under section 8107(a) of this title; has filed a valid claim in his lifetime; and dies from a cause other than the injury before the end of the period specified by the schedule, the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid in accordance with the order of precedence specified by the statute. See Sandra Henley, Docket No. 00-1619 issued April 4, 2002. (The ECAB affirmed the denial of a schedule award benefit to a widow where her husband who was injured in a terrorist bombing had not filed a claim for a schedule award during his lifetime. The ECAB found a valid claim, in writing and with words of claim, filed by the employee or someone on his behalf must be made during the employee's lifetime.)

b. History of Entitlement. Entitlement to schedule awards has been affected by various legislative changes over the years. Following is a description of coverage afforded by the FECA during various periods according to date of injury:

(1) Prior to December 7, 1940. No provision for schedule award.

(2) December 7, 1940 to September 12, 1957. Schedule award for 100 percent loss or loss of use of major members only; injury must be to schedule member itself. No entitlement to compensation for loss of wage-earning capacity (LWEC) after expiration of the award. (On October 14, 1949, the law was amended such that schedule awards were payable retroactively to October 14, 1948 for "minor" impairments, such as simple fractures, and retroactive to January 1, 1940 for "major" impairments, such as amputations of hands or feet or loss of vision.)

(3) September 13, 1957 to July 3, 1966. Broadened coverage such that schedule impairment did not have to be the only residual of the injury. Permanent impairment had to be confined to the schedule member, however, so that if any other "significant disability" existed (i.e., any which would require treatment or cause loss of wage-earning capacity), no schedule award was payable. However, an employee who had a significant permanent impairment of a portion of the body not covered by the schedule provisions (i.e. back) in addition to the loss or loss of use of a schedule member (i.e. arm) could not receive both a schedule award for the schedule member in addition to compensation for the LWEC of the non-schedule member. In such a case, compensation could only be paid on the basis of LWEC.

(4) July 4, 1966 to September 6, 1974. Increased coverage to compensate for LWEC after schedule award ended; schedule was payable regardless of location of other "significant disability." Schedule award available regardless of whether the injury resulted in impairment to a non-scheduled member (i.e. back) in addition to the loss or loss of use of a schedule member (i.e. arm). Provision explicitly permitted payment of both schedule award and disability compensation in such circumstances. (Provision was not made retroactive to any injuries sustained prior to July 4, 1966.)

(5) September 7, 1974 to present. The FECA amended to provide for schedule awards payable for internal organs specified by the Secretary, in addition to those indicated in the FECA. See 5 U.S.C. 8107(22). The Secretary has added by regulation the following organs: the breast, kidney, larynx, lung, penis, testicle, tongue, ovary, uterus/cervix and vulva/vagina. 20 C.F.R. §10.404.

(6) Effective August 29, 2011, the Secretary added by regulation the skin as a new schedule member, for up to 205 weeks of compensation, for injuries sustained on or after September 11, 2001. 20 C.F.R. §10.404(b).

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶5, transmittal 17-02 (2017-03). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

a. Method of Evaluation. For impairment ratings calculated on and after May 1, 2009, the American Medical Association's (AMA) Guides to the Evaluation of Permanent Impairment, Sixth Edition, should be used to report findings except as noted below. (Also, see FECA PM 3-0700.)

b. Evidence Required. To support a schedule award, the file must contain competent medical evidence which:

(1) Shows that the impairment has reached a permanent and fixed state and indicates the date on which this occurred ("date of maximum medical improvement" or MMI);

(2) Describes the impairment in sufficient detail for the CE to visualize the character and degree of disability; and

(3) Gives a percentage of impairment based on a specific diagnosis, not the body as a whole (except for impairment to the lungs). In members with dual functions, the physician should address both functions according to the AMA Guides.

c. Special Considerations.

(1) Impairment to the lungs should be evaluated in accordance with the Guides insofar as possible. The percentage of "whole man" impairment will be multiplied by 312 weeks (twice the award for loss of function of one lung) to obtain the number of weeks payable; all such awards will be based on the loss of use of both lungs.

In cases involving anatomical loss by traumatic injury or surgery, the evaluation will also be based on loss of lung tissue by weight or volume, and the award will be based on these factors if it results in a greater percentage of loss than one based on loss of respiratory function. Anatomical loss awards will be made for one or both lungs as appropriate.

(2) Impairment due to pain. Impairment applicable to pain is inclusive as a component of the medical condition (diagnosis) and not measured separately unless the pain does not correlate with objective findings or body part dysfunction. Chapter 3 of the Guides discusses evaluation of pain if it is not classifiable in the diagnosis based impairment. An example would be fibromyalgia, or pain due to a sprain where no objective findings or identifiable abnormalities are noted. In no circumstances, though, should the pain-related impairment developed under Chapter 3 be considered as an add-on to impairment determinations based on the criteria listed in Chapters 4 – 17. When pain is the sole impairment, the physician should have the claimant complete Appendix 3-1 of the AMA Guidelines, Sixth Edition - Pain Disability Questionnaire (PDQ), or obtain the necessary information in some other format.

(3) Impairment resulting from an injury to the spine. While the FECA does not allow payment for impairment to the spine, a schedule award can be paid for the extremities if a spinal injury leads to impairment of the arms or legs. Impairment to the upper or lower extremities that is caused by a spinal injury should be rated consistent with the article "Rating Spinal Nerve Extremity Impairment Using the Sixth Edition" in the July/August 2009 edition of the The Guides Newsletter published by the AMA. This newsletter, which has been reproduced with the permission of the AMA, is Exhibit 4 in PM 3-0700.

(4) Impairment of the skin. With the most recent regulatory update at 20 C.F.R. §10.404, effective August 29, 2011, a schedule award can be paid for impairment to the skin, for up to 205 weeks of compensation, for injuries sustained on or after September 11, 2001. According to the AMA Guides, the maximum allowable whole-person impairment for the skin is 58%. The final impairment payable for the skin is determined by dividing the actual whole person impairment of the claimant by the maximum allowable (58%) and then converting that number to a final percentage.

Chapter 8 in the AMA Guides outlines specific criteria to be considered when calculating permanent impairment of the skin. In assessing skin impairment, the physician must evaluate the severity of the condition; the frequency, intensity, and complexity of the medical condition and treatment regimen; and the impact of the condition on the ability to perform Activities of Daily Living (ADLs). ADLs include bathing, dressing, eating, personal hygiene, etc. Burden of Treatment Compliance (BOTC) must also be considered, as it can be significant for skin disorders. BOTC includes, but is not limited to, the following kinds of activities: soaking affected skin daily; applying topical medications on a regular basis; avoiding sun exposure; and attending phototherapy sessions on a routine basis.

A schedule award for the skin can be paid in addition to any disfigurement award.

d. Rated impairment should reflect the total loss as evaluated for the scheduled member (i.e. arm, leg, etc.) at the time of the rating examination. See Raymond E. Gwynn, 35 ECAB 247, 253 (1983). There are no provisions for apportionment under the FECA. As such, schedule awards include permanent impairment resulting from conditions accepted by the OWCP as job-related as well as and any non-industrial permanent impairment present in the same scheduled member at the time of the rating examination.

As long as the work-related injury has affected any residual usefulness, in whole or in part, of a scheduled member, a schedule award may be appropriate. Similarly, an increase in schedule award may be appropriate as long as a material change in the work-related injury is at least in part contributory to an increase in impairment of the scheduled member.

For example, if an aggravation of left hip osteoarthritis is accepted as work-related but the claimant also suffers from non-industrial left knee osteoarthritis, both of which have resulted in permanent impairment, an assessment of impairment should reflect the total loss of the left leg, to include both the industrial and non-industrial injuries.

e. Adjoining Members. In general, loss of less than one digit should be computed in terms of impairment to the digit itself (thumb, finger, etc.), and loss of two or more digits should be computed in terms of impairment to the whole hand or foot. Where the residuals of an injury to a member of the body specified in the schedule extend into an adjoining area of a member also enumerated in the schedule, such as an injury of a finger into the hand, of a hand into the arm or of a foot into the leg, the schedule award should be made on the basis of the percentage loss of use of the larger member. See Charles B. Carey, 49 ECAB 528 (1998) (ECAB remanded the case, so that the OWCP could consider the physician's report and disability rating sheet to determine whether the impairment in appellant's right finger resulting from his accepted employment injury extended into his right hand, resulting in an impairment of the right hand).

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶6, transmittal 17-02 (2017-03). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

The CE should review the case file to determine if medical evidence meeting the criteria in paragraph 5(b) above has been submitted. The attending physician should perform the evaluation whenever possible; however, the claimant may submit an examination from another physician if the regular attending physician does not wish to or cannot provide an impairment rating.

a. If the claimant requests a schedule award but has not submitted such evidence, the claimant should be requested to submit it. The report of the impairment evaluation should provide the evidence cited in paragraph 5(b) above and include the following:

(1) A detailed report that includes history of clinical presentation, physical findings, functional history, clinical studies or objective tests, analysis of findings, and the appropriate impairment based on the most significant diagnosis, as well as a discussion of how the impairment rating was calculated.

(2) Impairment due to amputation is based on the level of the amputation. The physician's report must include functional history, physical examination and clinical studies. Impairment based on proximal diagnosis or range of motion may be combined with the amputation impairment. However, the physician must explain the reasoning for combining the additional impairment.

b. If the claimant has not reached MMI, but evidence establishes that there may be impairment, the CE should advise the claimant in writing that once MMI is established he/she should submit the medical evidence establishing MMI and request that the claim for the schedule award be re-reviewed.

c. If the claimant does not provide an impairment evaluation from his/her physician when requested, and there is no indication of permanent impairment in the medical evidence of file, the CE may proceed with a formal denial of the award. If in doubt, the CE should obtain an opinion from the DMA prior to such a denial.

d. If the claimant does not provide an impairment evaluation from his/her physician when requested, and there is an indication of permanent impairment in the medical evidence of file, the CE should refer the claimant for a second opinion evaluation. The CE may also refer the case to the DMA prior to scheduling a second opinion examination to determine if the evidence in the file is sufficient for the DMA to provide an impairment rating.

If the case is referred for a second opinion, the report should contain the information described in 6a above. If it does not contain this information, clarification with the second opinion should be sought.

e. If the claimant's physician provides an impairment report, or after the second opinion is received, the case should be referred to the DMA for review.

f. District Medical Advisor (DMA) Review. After obtaining all necessary medical evidence, the file should be routed to the DMA for opinion concerning the nature and percentage of impairment.

(1) When referring the case to the DMA, the CE should ask the DMA to verify the calculations of the attending physician or second opinion examiner and determine the percentage of permanent impairment based on the standards outlined in the AMA Guides, Sixth Edition. The DMA should also be asked to provide the date MMI was reached. The DMA should provide rationale for the percentage of impairment specified. When more than one evaluation of the impairment is present, it is especially important for the DMA to provide such medical reasoning.

(2) The CE should review the DMA's findings and take follow-up action.

(a) If the DMA neglects to provide rationale for the percentage of impairment specified, the CE should request a clarification or a supplemental report from the DMA.

(b) If the DMA selects a retroactive MMI date (i.e. one preceding the date of the impairment evaluation), medical rationale should be provided. Usually MMI dates selected based solely on criteria such as "one year post surgery or return to full duty status" should not be considered sufficiently rationalized unless the DMA uses the findings of examination from such a date to calculate the impairment. If sufficient rationale is not present, the CE should request a supplemental report from the DMA.

(c) If the DMA believes that the impairment has not been correctly described by the claimant's physician or the second opinion examiner, the DMA should specify the missing information so that it can be requested. The response should then be routed back to the DMA for further opinion concerning impairment. If the missing information cannot be secured, a new or supplemental evaluation should be obtained.

(d) If the DMA and examining physician are in agreement as to the work-related permanent impairment, the schedule award should be processed.

(e) If the DMA provides a detailed and rationalized opinion in accordance with the AMA Guides but does not concur with the claimant's physician's impairment rating, and the claimant has been provided an opportunity to submit the necessary evidence, the CE should weigh the medical opinions to determine if a conflict exists or whether the award can be paid based on the weight of medical evidence. See FECA PM 2-810 for a complete discussion on weighing medical evidence.

If there was a second opinion examination, and the DMA provides a detailed and rationalized opinion in accordance with the AMA Guides but does not concur with the second opinion doctor's impairment rating, the CE should seek clarification or a supplemental report from the second opinion examiner. After receiving clarification, the CE should refer the case back to the DMA for review.

(f) The CE should not attempt to assign a different percentage of impairment than assigned by the DMA without the benefit of further medical clarification.

(g) If after reviewing the reports it is determined a conflict of medical opinion exists between the DMA and the claimant's physician regarding work-related impairment, the CE should refer the claimant for an independent medical examination with a referee examiner to resolve the conflict. See FECA PM 2-0810 and 3-0500.

g. If a case has been referred for a referee evaluation to resolve the issue of permanent impairment, it is not necessary to route the file to another DMA to review the referee calculations as long as the referee's report fully resolves the conflict and provides a thorough explanation of impairment, citing to the applicable tables and charts in the AMA Guides. If the CE feels the opinion of a DMA is necessary to clarify or verify findings of the referee examiner, a referral can be made so long as the file is not reviewed by a DMA that was a party to the conflict in medical opinion. Otherwise, the CE may process the schedule award based on the report of the referee examiner.

(1) The ECAB has held that while a DMA may review the opinion of a referee specialist in a schedule award case, the resolution of the conflict is the specialist's responsibility. The DMA cannot resolve a conflict in medical opinion. If necessary, clarification to the referee examiner may be needed. See Richard R. Lemay, 56 ECAB 341 (2005).

(2) In reviewing a referee report, the DMA should not:

(a) Resolve the conflict of medical opinion or attempt to clarify or expand the opinion of the medical referee. See K.O., Docket No. 10-745 (issued November 19, 2010).

(b) Telephone the specialist for clarification or elaboration of the report, as information obtained in this manner cannot be considered probative medical evidence, and inference of bias may result. See Carlton L. Owens, 36 ECAB 608 (1985).

(c) Comment that the facts on which the opinion is based are not in the Statement of Accepted Facts (SOAF), or that the report fails to address or resolve the issue, or that the opinion is speculative. All of these assessments are the CE's responsibility.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶7, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

a. General Considerations.

(1) Any previous impairment to the member under consideration is included in calculating the percentage of loss except when:

(a) The prior impairment is due to a previous work-related injury and a schedule award has been granted for such prior impairment, in which case the percentage already paid is subtracted from the total percentage of impairment; or

(b) The VA has already paid a claimant for a previous impairment to the same member, in which case an election will be required if the VA has increased the percentage payable due to the injury in civilian employment. In this instance, an election will be required between the entire schedule award and all VA benefits prior to any increase and all VA benefits subsequent to the increase. Such an election should be offered only for the period of the schedule award, as any determination of LWEC will involve different entitlement and require a separate election. See PM 2-1000.

(2) The impairment computed for loss of two or more digits occasionally exceeds the percentage for the hand or foot; in such instances, the award should reflect the computation most favorable to the claimant. Similarly, the impairment computed for monaural loss of each ear occasionally exceeds the percentage for the binaural loss, and in such instances the award should reflect the computation most favorable to the claimant.

(3) If a recurrence is accepted for a period which overlaps a schedule award, it will be necessary to interrupt the schedule award in order to pay for the period of recurrence. If a recurrent pay rate is established, the claimant will be entitled to that rate for the balance of the schedule award after the period of disability attributable to the recurrence has ceased.

(4) A claimant who enters a vocational rehabilitation program during the course of a schedule award is entitled to receive compensation at the rate for TTD. This entitlement is satisfied by schedule award payments as well as those for TTD. It is therefore not necessary to interrupt a schedule award for payment of TTD unless the claimant is also receiving an annuity from OPM. In this case, the payments must be converted to TTD and an election must be obtained, as vocational rehabilitation services cannot be provided to an individual in receipt of such an annuity.

(5) If payment for TTD is interrupted to pay a schedule award, such TTD payments must be resumed at the end of the schedule if the claimant has not been reemployed or rated for LWEC at the time the award ends (see Goldie Washington, 31 ECAB 239 (1979)). Therefore, it is extremely important to establish the claimant's earning capacity before the award ends. It may also be necessary to obtain an election if the claimant is also receiving an annuity from OPM.

(6) If a schedule award extends for more than one year into the future, a periodic entitlement review should be conducted annually. At a minimum, this review should consist of releasing Form CA-1032 to determine the status of any dependents.

(7) If a claimant dies during the course of a schedule award from a cause other than the injury, payment for the remainder of the award may be made to his or her dependents as specified in 5 U.S.C. 8109. Such payment must be made at the 66 2/3 percent rate, rather than 75%, for the portion of the award that runs after the date of death. If no eligible dependents remain, the balance of the award may not be paid to the estate. If the claimant dies of a cause related to the injury, death benefits may be paid in accordance with 5 U.S.C. 8133, but the balance of the award is not payable to the survivors.

If at the time of the claimant's death a schedule award claim is being developed but has not yet been paid, the claimant's dependent(s) would be entitled to the entire payment of the award. (See Cheryl R. Holloway (Wryland R. Holloway), 54 ECAB 443 (Docket No. 02-2153, issued February 28, 2003). Such payment must be made at the 66 2/3 percent rate, rather than 75%, for the portion of the award that runs after the date of death (it is made at 75% from the date of MMI through the date of death).

b. Beginning Date of the Award. Schedule awards begin on the date of MMI, unless circumstances show a later date should be used.

(1) The ECAB has held that the determination of whether MMI has been reached is based on the probative medical evidence of record, and is usually considered to be the date of the evaluation by the attending physician which is accepted as definitive by the OWCP. See Mark A. Holloway, 55 ECAB 321 (2004).

(2) The MMI date is determined solely on the basis of the medical evidence; however, a subsequent date may be chosen to start the award if the MMI date falls within a period of compensable disability such that converting disability payments into a schedule award would be disadvantageous to the claimant. See Franklin L. Armfield, 28 ECAB 445 (1977).

(3) A retroactive determination of the date of MMI is not per se erroneous. When the medical evidence establishes that the employee did in fact reach maximum improvement by such date, the determination is proper. Rationale for a retroactive MMI date such as "one year post surgery or return to full duty status" should not usually be considered sufficient unless the findings of examination from such a date are used to calculate the impairment.

(a) If a date in the past will result in conversion of a period paid for TTD into payment for schedule award, it may not be chosen unless the record contains persuasive proof that MMI had in fact been reached on that date. The claimant must be informed of the right to receive benefits from the Office of Personnel Management (OPM) during the period. See J.C., 58 ECAB 258 (2007); Marie J. Born, 27 ECAB 623 (1976).

(b) If the date of MMI is in the past and the CE converts a period of TTD to schedule award payments, the calculation of the period of TTD being converted should be based on monetary values rather than number of days, and the file should be documented to show this calculation.

(c) See sub-paragraph e. in this section for information on the effective pay rate date to use in this instance.

c. Percentage of Loss. This percentage is applied to the number of weeks specified in section 8107 of the FECA or in 20 CFR §10.404. The resulting number of weeks is multiplied by the weekly wage and the compensation rate. For example,

10% (the actual percentage of impairment) X 244 weeks (100% loss of use of the hand) = 24.4 weeks.

24.4 weeks x $400 (weekly pay rate) x 75% (compensation rate) = $7320.

See Exhibit 1 (Percentage Table for Schedule Awards), which lists the number of weeks and days by percentage and schedule member.

d. Period of Award. Given a starting date and the percentage of loss (the number of days of entitlement), the compensation system will automatically compute the ending date of an award and terminate payments accordingly at the end of that period. The period of the award often includes a fraction of a day expressed as a decimal, and this is paid at the end of the award period.

e. Pay rate. Pay rates are discussed in detail in FECA PM 2-0900, and Exhibit 1 of FECA PM 2-0900 provides specific guidance on determining pay rate effective dates for schedule awards.

If the MMI date is established to be a date in the past [see 7b(3)], the "date of injury" for pay rate purposes is the date of last exposure to the work factors that caused the condition prior to the MMI date, since the "injury" must have occurred prior to the date of MMI associated with the accepted impairment. Any additional impairment sustained after that date of MMI can be claimed in accordance with 2-808-9.

f. Compensation Rate. Schedule awards are paid at either the basic rate (66 2/3%) or the augmented rate (75%) of the pay rate for compensation purposes, depending on whether the claimant has an eligible dependent. Eligibility for the augmented compensation rate is discussed in FECA PM 2-0901-12.

g. Minimum (MIN) and Maximum (MAX) rates. While the MIN provision applies to compensation payments for disability, it does not apply for schedule awards. Instead, schedule awards are paid based on the actual pay rate and applicable 75% or 66 2/3% compensation rate. However, the MAX rate does apply to schedule awards. MIN and MAX rates are discussed in more detail in FECA PM 2-0901-13 and 2-0901-14.

h. Consumer Price Index Adjustments (CPIs). Where the schedule award represents the first payment for compensable disability, the claimant's entitlement to CPIs does not begin until one year after the award begins. See Franklin J. Armfield, 29 ECAB 500 (1978) (holding that the claimant was not eligible for a cost-of-living increase, as provided by section 8146a, unless the date of his entitlement to compensation occurred more than a year before the effective date of the cost-of-living increase). CPIs are discussed in more detail in FECA PM 2-0901-16.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶8, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

After the payment has been certified, the CE should promptly issue a formal decision outlining the award details. Form CA-181 Award of Compensation (or equivalent) should be used.

a. The CE should provide all relevant payment information based upon the payment output, including the percentage of impairment, the schedule member, date of MMI, the period and length of the award, the weekly pay rate, the compensation rate, and the effective date of the pay rate. Where the award includes a fraction of a day, line 3 of Form CA-181, Schedule Award Decision, should include the phrase "fraction of a day."

For example: An award for 15 percent loss of use of a foot is 30.75 weeks of compensation. The two-place decimal is retained, and the partial day it represents is called "fraction of a day," or FOD. The dates of payment might be shown as, "March 2, 2011 to October 4, 2011, fraction of a day."

The decision should also include the amount of weekly compensation after CPI adjustments, if applicable.

b. If the award percentage was reduced due to payment of a prior award for the same member, the decision should clearly explain the reduction.

c. The decision should outline, in narrative form, the significant development actions with regard to the determination of the percentage of permanent impairment. The CE should explain how the weight of medical evidence was afforded, especially if the decision awarded a percentage of impairment different than that recommended by the claimant's physician. The decision should clearly outline how the decision was reached.

d. The medical report used for the final determination should be included with the decision.

e. Formal Schedule Award Denial. After appropriate development, if it is determined that the schedule award is not payable, a formal denial with appeal rights should be issued.

(1) When the medical evidence indicates the claimant has reached a fixed-and stable status, and there is no permanent impairment to the injured body part, the formal denial should include a full discussion of the weight of medical evidence used to deny impairment entitlement. Formal denials may also be issued when the medical evidence substantiates the claimant has not reached MMI, the claim is for a non-schedule member, etc.

(2) When the medical evidence indicates the claimant has reached a fixed-and stable status, the claim is for a schedule member, and the claimant has some permanent impairment but not enough to be ratable using the AMA Guides, Sixth Edition, the formal denial should include a full discussion of the weight of medical evidence used to determine that the impairment is 0% and, therefore, an award is not payable.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶9, transmittal 22-06 (2022-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

a. A disagreement with a previous award should not be considered a claim for an increased schedule award. Instead, if the claimant is requesting review of a prior award, the case should be processed as an appeal and the claimant should be referred to their appeal rights that accompanied the prior decision.

If the claimant's request is unclear, the claims examiner should ask them to clarify whether the request is for review of the award or for additional impairment subsequent to the prior award. If the former, the claimant should be referred to their appeal rights that accompanied the prior decision.

b. If the claimant sustains increased impairment at a later date which is due to work-related factors, a claim for increased schedule award is appropriate. In this case, the original award is undisturbed and the new award has its own date of MMI, percent of impairment, and period of award.

c. In some instances, particularly in hearing loss cases, a claim for an additional schedule award will be based on an additional period of exposure to the same work factors. This constitutes a new claim and should be handled as such.

d. Claims for increased schedule award should follow the same medical development as claims for initial schedule award. See paragraph 6 of this chapter. However, following any appropriate development, all claims for increased schedule award should be referred for a second opinion medical evaluation. Once findings are reconciled with any medical evidence submitted by the claimant, the impairment evaluation carrying the weight of the medical evidence should be submitted to the District Medical Advisor (DMA) for review. Note that DMA review is not mandatory if the report carrying the weight of the medical evidence is from a referee physician. See paragraph 6(g) of this chapter.

Claims for increased schedule award where the prior decision found no ratable impairment do not require a second opinion if sufficient medical evidence is submitted by the claimant to proceed directly to DMA review.

e. If a claimant who has received a schedule award calculated under a previous edition of the AMA Guides is entitled to additional benefits, the increased award will be calculated according to the Sixth Edition. It is not appropriate to recalculate using a prior edition of the Guides.

f. Should any claim for increased scheduled award yield a percentage of impairment lower than the original award, a finding should be made that the claimant has no more than the percentage of impairment originally awarded and that the evidence does not establish an increased impairment. An overpayment should not be declared.

Note that this paragraph applies specifically to claims for an increased award. Claims are still subject to overpayment if a schedule award decision is set aside as a part of the appellate process and a new schedule award decision is issued yielding a lower percentage of impairment. See PM 2-1601.8(c).

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶10, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

If an injury causes serious disfigurement of the face, head or neck of a character likely to handicap a claimant in securing or maintaining employment, a schedule award is payable under 5 U.S.C. 8107(c) (21) if the claimant is employed or employable. (A claimant who is permanently and totally disabled because of an employment-related injury is not entitled to a disfigurement award.) Cases of this type should remain open until it is clearly established whether or not permanent disfigurement of the face, head or neck has occurred.

Where the evidence shows that the employment injury has caused a permanent scar, blemish or some other type of deformity or defect, the CE will notify the claimant of the right to apply for an award.

A claimant who expresses a desire or intent to claim an award for disfigurement will be sent the proper forms and instructions, even if the evidence of record seems to indicate no permanent disfigurement has occurred.

a. When to Consider a Disfigurement Award. Disfiguring marks on the body tend to heal slowly, and scars and blemishes that remain after healing tend to fade and become less prominent with time. Therefore, an award for disfigurement should not be considered until at least six (and preferably 12) months after the last medical treatment. If a claimant chooses to undergo additional surgery or other treatment, consideration of an award will be deferred until the additional treatment is completed.

b. Notification to Claimant. When the evidence shows disfigurement after healing, the claimant should be notified by Form CA-1094 (or equivalent) of the right to apply for an award. The claimant must complete the front of the form, while the attending physician should complete the lower portion of the reverse side of the form. A new application is required in any instance where the claimant files for an award prematurely.

c. Other Information Required. Form CA-7 should be submitted if one has not been filed previously. Only the front of the form need be completed if a disfigurement award is the only benefit claimed. With the CA-1094, the claimant must submit two photographs taken within five days of the date of the application, each showing different views of the disfigurement fairly and accurately portrayed. The claimant may be reimbursed for the cost of the photographs.

d. OWCP Medical Evaluation. After the CE has gathered the required evidence, the case will be referred to the DMA. The DMA will review the photographs submitted along with the medical evidence of record and place a memorandum in the file describing the disfigurement and stating whether MMI has occurred. If not, final action on the application for disfigurement will be deferred.

If the DMA finds MMI has occurred, the concurrence of the Assistant District Director (ADD) or the District Director (DD) must be obtained. The parties evaluating the disfigurement will place a memorandum in the file which states their findings and decision with supporting rationale. The case will then be returned to the CE for payment of the award not to exceed $3500, or denial of the application.

e. Payment of Award. An award for disfigurement may be paid concurrently with compensation for TTD.

f. A schedule award for the skin may be payable in addition to an award paid for serious disfigurement of the face, head or neck.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶11, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

The ECAB has held that termination of a claim for all benefits due to a finding of no residuals of the accepted condition(s) does not bar a subsequent schedule award; rather, the CE should consider the schedule award matter separately from the termination of benefits.

a. If a claimant applies for a schedule award after termination, and submits prima facie medical evidence reflecting permanent impairment as a result of the work-related injury or exposure, the CE should develop the claim further, even if a finding of no residuals has previously been made.

b. If medical evidence establishes that impairment to the schedule member exists, the claimant has the burden of proving that the condition for which a schedule award is sought is causally related to his or her employment.

c. A separate decision from the termination decision needs to be made as to schedule award entitlement. See B.K., 59 ECAB 228 (Docket No. 07-1545, issued December 3, 2007); A.A., 59 ECAB 726 (Docket No. 08-951, issued September 22, 2008); W.J., Docket No. 08-2409(issued September 11, 2009).

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph ¶12, transmittal 13-06 (2013-02). Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

Section 5 U.S.C. 8106(c) provides a penalty against employees who refuse offers of suitable employment, or who abandon suitable work without good cause. If a claimant refuses to accept a suitable offer of employment, the CE should follow the sanction procedures as discussed in FECA PM 2-0814. Once a §8106(c) sanction decision has been issued, the claimant has no ongoing entitlement to compensation for continuing TTD or schedule award payments.

However, the commencement of the schedule award begins on the date of MMI. If MMI was obtained prior to invoking the §8106(c) sanction, then the claimant would be entitled to schedule award payments from the date of MMI through the date of the §8106(c) sanction decision. See K.H., Docket No. 07-2022 (issued February 25, 2008) (The ECAB held that the OWCP properly denied appellant's entitlement to schedule award compensation as section 8106(c) of the FECA served as a bar to further compensation for disability arising from the accepted employment injuries); Alfred R. Anderson, 54 ECAB 179 (2002); Stephen R. Lubin, 43 ECAB 564 (1992) (where the ECAB found that the penalty provision of section 8106(c) may serve as a bar to compensation pursuant to appellant's claim for a schedule award for the period after the termination of compensation based on a refusal to accept a suitable offer of employment).

Claims for Schedule Award received after the date of the §8106(c) sanction decision should not be adjudicated such that new appeal rights are afforded. Rather, the CE should refer the claimant to the appeal rights provided with the original sanction.

Federal (FECA) Procedure Manual, Part 2, Chapter 2-0808 — Schedule Awards and Permanent Disability Claims; paragraph Exhibit 1. Published by the U.S. Department of Labor, Office of Workers' Compensation Programs.

| Member | W/D | 01% | 02% | 03% | 04% | 05% | 10% | 15% | 20% | | Arm | W | 3.12 | 6.24 | 9.66 | 12.48 | 15.60 | 31.20 | 46.80 | 62.40 | | D | 21.84 | 43.68 | 65.52 | 87.36 | 109.20 | 218.40 | 327.60 | 436.80 | | Leg | W | 2.88 | 5.76 | 8.64 | 11.52 | 14.40 | 28.80 | 43.20 | 57.60 | | D | 20.16 | 40.32 | 60.48 | 80.64 | 100.50 | 201.60 | 302.40 | 403.20 | | Hand | W | 2.44 | 4.88 | 7.32 | 9.76 | 12.20 | 24.40 | 36.60 | 48.80 | | D | 17.08 | 34.16 | 51.24 | 68.32 | 85.40 | 170.80 | 256.20 | 341.60 | | Foot | W | 2.05 | 4.10 | 6.15 | 8.20 | 10.25 | 20.50 | 30.75 | 41.00 | | D | 14.35 | 28.70 | 43.05 | 57.40 | 71.75 | 143.50 | 215.25 | 287.00 | | Penis | W | 2.05 | 4.10 | 6.15 | 8.20 | 10.25 | 20.50 | 30.75 | 41.00 | | D | 14.35 | 28.70 | 43.05 | 57.40 | 71.75 | 143.50 | 215.25 | 287.00 | | Vulva/Vagina Uterus/Cervix | W | 2.05 | 4.10 | 6.15 | 8.20 | 10.25 | 20.50 | 30.75 | 41.00 | | D | 14.35 | 28.70 | 43.05 | 57.40 | 71.75 | 143.50 | 215.25 | 287.00 | | Larynx/Tongue | W | 1.60 | 3.20 | 4.80 | 6.40 | 8.00 | 16.00 | 24.00 | 32.00 | | D | 11.20 | 22.40 | 33.60 | 44.80 | 56.00 | 112.00 | 168.00 | 224.00 | | Eye | W | 1.60 | 3.20 | 4.80 | 6.40 | 8.00 | 16.00 | 24.00 | 32.00 | | D | 11.20 | 22.40 | 33.60 | 44.80 | 56.00 | 112.00 | 168.00 | 224.00 | | Kidney/Lung | W | 1.56 | 3.12 | 4.68 | 6.24 | 7.80 | 15.60 | 23.40 | 31.20 | | D | 10.92 | 21.84 | 32.76 | 43.68 | 54.60 | 109.20 | 163.80 | 218.40 | | Thumb | W | .75 | 1.50 | 2.25 | 3.00 | 3.75 | 7.50 | 11.25 | 15.00 | | D | 5.25 | 10.50 | 15.75 | 21.00 | 26.25 | 52.50 | 78.75 | 105.00 | | 1st Finger | W | .46 | .92 | 1.38 | 1.84 | 2.30 | 4.60 | 6.90 | 9.20 | | D | 3.22 | 6.44 | 9.66 | 12.88 | 16.10 | 32.20 | 48.30 | 64.40 | | Great Toe | W | .38 | .76 | 1.14 | 1.52 | 1.90 | 3.80 | 5.70 | 7.60 | | D | 2.66 | 5.32 | 7.98 | 10.64 | 13.30 | 26.60 | 39.90 | 53.20 | | 2nd Finger | W | .30 | .60 | .90 | 1.20 | 1.50 | 3.00 | 4.50 | 6.00 | | D | 2.10 | 4.20 | 6.30 | 8.40 | 10.50 | 21.00 | 31.50 | 42.00 | | 3rd Finger | W | .25 | .50 | .75 | 1.00 | 1.25 | 2.50 | 3.75 | 5.00 | | D | 1.75 | 3.50 | 5.25 | 7.00 | 8.75 | 17.50 | 26.25 | 35.00 | | Toe (other than great toe) | W | .16 | .32 | .48 | .64 | .80 | 1.60 | 2.40 | 3.20 | | D | 1.12 | 2.24 | 3.36 | 4.48 | 5.60 | 11.20 | 16.80 | 22.40 | | 4th Finger | W | .15 | .30 | .45 | .60 | .75 | 1.50 | 2.25 | 3.00 | | D | 1.05 | 2.10 | 3.15 | 4.20 | 5.25 | 10.50 | 15.75 | 21.00 | | Hearing (1 ear) | W | .52 | 1.04 | 1.56 | 2.08 | 2.60 | 5.20 | 7.80 | 10.40 | | D | 3.64 | 7.28 | 10.92 | 14.56 | 18.20 | 36.40 | 54.60 | 72.80 | | Hearing (Both ears) | W | 2.00 | 4.00 | 6.00 | 8.00 | 10.00 | 20.00 | 30.00 | 40.00 | | D | 14.00 | 28.00 | 42.00 | 56.00 | 70.00 | 140.00 | 210.00 | 280.00 | | Testicle | W | .52 | 1.04 | 1.56 | 2.08 | 2.60 | 5.20 | 7.80 | 10.40 | | D | 3.64 | 7.28 | 10.92 | 14.56 | 18.20 | 36.40 | 54.60 | 72.80 | | Breast | W | .52 | 1.04 | 1.56 | 2.08 | 2.60 | 5.20 | 7.80 | 10.40 | | D | 3.64 | 7.28 | 10.92 | 14.56 | 18.20 | 36.40 | 54.60 | 72.80 | | Ovary (includes fallopian tubes) | W | .52 | 1.04 | 1.56 | 2.08 | 2.60 | 5.20 | 7.80 | 10.40 | | D | 3.64 | 7.28 | 10.92 | 14.56 | 18.20 | 36.40 | 54.60 | 72.80 | | Skin | W | 2.05 | 4.10 | 6.15 | 8.20 | 10.25 | 20.50 | 30.75 | 41.00 | | D | 14.35 | 28.70 | 43.05 | 57.40 | 71.75 | 143.50 | 215.25 | 287.00 |

W = Weeks and D=Days

 

Exhibit 1 (continued): Percentage Table for Schedule Awards

| Member | W/D | 25% | 30% | 35% | 40% | 45% | 50% | 55% | 60% | | Arm | W | 78.00 | 93.60 | 109.20 | 124.80 | 140.40 | 156.00 | 171.00 | 187.20 | | D | 546.00 | 655.20 | 764.40 | 873.60 | 982.80 | 1092.00 | 1201.20 | 1310.40 | | Leg | W | 72.00 | 86.40 | 100.80 | 115.20 | 129.60 | 144.00 | 158.40 | 172.80 | | D | 504.00 | 604.80 | 705.60 | 806.40 | 907.20 | 1008.00 | 1108.00 | 1209.60 | | Hand | W | 61.00 | 73.20 | 85.40 | 97.60 | 109.80 | 122.00 | 134.20 | 146.40 | | D | 427.00 | 512.40 | 597.80 | 683.20 | 768.60 | 854.00 | 939.40 | 1024.80 | | Foot | W | 51.25 | 61.50 | 71.75 | 82.00 | 92.25 | 102.50 | 112.75 | 123.00 | | D | 358.75 | 430.50 | 502.25 | 574.00 | 645.75 | 717.50 | 789.25 | 861.00 | | Penis | W | 51.25 | 61.50 | 71.75 | 82.00 | 92.25 | 102.50 | 112.75 | 123.00 | | D | 358.75 | 430.50 | 502.25 | 574.00 | 645.75 | 717.50 | 789.25 | 861.00 | | Vulva/Vagina Uterus/Cervix | W | 51.25 | 61.50 | 71.75 | 82.00 | 92.25 | 102.50 | 112.75 | 123.00 | | D | 358.75 | 430.50 | 502.25 | 574.00 | 645.75 | 717.50 | 789.25 | 861.00 | | Larynx/Tongue | W | 40.00 | 48.00 | 56.00 | 64.00 | 72.00 | 80.00 | 88.00 | 96.00 | | D | 280.00 | 336.00 | 392.00 | 448.00 | 504.00 | 560.00 | 616.00 | 672.00 | | Eye | W | 40.00 | 48.00 | 56.00 | 64.00 | 72.00 | 80.00 | 88.00 | 96.00 | | D | 280.00 | 336.00 | 392.00 | 448.00 | 504.00 | 560.00 | 616.00 | 672.00 | | Kidney/Lung | W | 39.00 | 46.80 | 54.60 | 62.40 | 70.20 | 78.00 | 85.80 | 93.60 | | D | 273.00 | 327.60 | 382.20 | 436.80 | 491.40 | 546.00 | 600.60 | 655.20 | | Thumb | W | 18.75 | 22.50 | 26.25 | 30.00 | 33.75 | 37.50 | 41.25 | 45.00 | | D | 131.25 | 157.50 | 183.75 | 210.00 | 236.25 | 262.50 | 288.75 | 315.00 | | 1st Finger | W | 11.50 | 13.80 | 16.10 | 18.40 | 20.70 | 23.00 | 25.30 | 27.60 | | D | 80.50 | 96.60 | 112.70 | 128.80 | 144.90 | 161.00 | 177.10 | 193.20 | | Great Toe | W | 9.50 | 11.40 | 13.30 | 15.20 | 17.10 | 19.00 | 20.90 | 22.80 | | D | 66.50 | 79.80 | 93.10 | 106.40 | 119.70 | 133.00 | 146.30 | 159.60 | | 2nd Finger | W | 7.50 | 9.00 | 10.50 | 12.00 | 13.50 | 15.00 | 16.50 | 18.00 | | D | 52.50 | 63.00 | 73.50 | 84.00 | 94.50 | 105.00 | 115.50 | 126.00 | | 3rd Finger | W | 6.25 | 7.50 | 8.75 | 10.00 | 11.25 | 12.50 | 13.75 | 15.00 | | D | 43.75 | 52.50 | 61.25 | 70.00 | 78.75 | 87.50 | 96.25 | 105.00 | | Toe (other than great toe) | W | 4.00 | 4.80 | 5.60 | 6.40 | 7.20 | 8.00 | 8.80 | 9.60 | | D | 28.00 | 33.60 | 39.20 | 44.80 | 50.40 | 56.00 | 61.60 | 67.20 | | 4th Finger | W | 3.75 | 4.50 | 5.25 | 6.00 | 6.75 | 7.50 | 8.25 | 9.00 | | D | 26.25 | 31.50 | 36.75 | 42.00 | 47.25 | 52.50 | 57.75 | 63.00 | | Hearing (1 ear) | W | 13.00 | 15.60 | 18.20 | 20.80 | 23.40 | 26.00 | 28.60 | 31.20 | | D | 91.00 | 109.20 | 127.40 | 145.60 | 163.80 | 182.00 | 200.20 | 218.40 | | Hearing (Both ears) | W | 50.00 | 60.00 | 70.00 | 80.00 | 90.00 | 100.00 | 110.00 | 120.00 | | D | 350.00 | 420.00 | 490.00 | 560.00 | 630.00 | 700.00 | 770.00 | 840.00 | | Testicle | W | 13.00 | 15.60 | 18.20 | 20.80 | 23.40 | 26.00 | 28.6.00 | 31.20 | | D | 91.00 | 109.20 | 127.40 | 145.60 | 163.80 | 182.00 | 200.20 | 218.40 | | Breast | W | 13.00 | 15.60 | 18.20 | 20.80 | 23.40 | 26.00 | 28.60 | 31.20 | | D | 91.00 | 109.20 | 127.40 | 145.60 | 163.80 | 182.00 | 200.20 | 218.40 | | Ovary (includes fallopian tubes) | W | 13.00 | 15.60 | 18.20 | 20.80 | 23.40 | 26.00 | 28.60 | 31.20 | | D | 91.00 | 109.20 | 127.40 | 145.60 | 163.80 | 182.00 | 200.20 | 218.40 | | Skin | W | 51.25 | 61.50 | 71.75 | 82.00 | 92.25 | 102.50 | 112.75 | 123.00 | | D | 358.75 | 430.50 | 502.25 | 574.00 | 645.75 | 717.50 | 789.25 | 861.00 |

W = Weeks and D=Days

 

Exhibit 1 (continued): Percentage Table for Schedule Awards

| Member | W/D | 65% | 70% | 75% | 80% | 85% | 90% | 95% | 100% | | Arm | W | 202.80 | 218.40 | 234.00 | 249.60 | 265.20 | 280.80 | 296.40 | 312.00 | | D | 1419.60 | 1528.80 | 1638.00 | 1747.20 | 1856.40 | 1965.60 | 2074.80 | 2184.00 | | Leg | W | 187.20 | 201.60 | 216.00 | 230.40 | 244.80 | 259.20 | 273.60 | 288.00 | | D | 1310.40 | 1411.20 | 1512.00 | 1612.80 | 1713.60 | 1814.40 | 1915.20 | 2016.00 | | Hand | W | 158.60 | 170.80 | 183.00 | 195.20 | 207.40 | 219.60 | 231.80 | 244.00 | | D | 1110.20 | 1195.60 | 1281.00 | 1366.40 | 1451.80 | 1537.20 | 1622.60 | 1708.00 | | Foot | W | 133.25 | 143.50 | 153.75 | 164.00 | 174.25 | 184.50 | 194.75 | 205.00 | | D | 932.75 | 1004.50 | 1076.25 | 1148.00 | 1219.75 | 1291.50 | 1363.25 | 1435.00 | | Penis | W | 133.25 | 143.50 | 153.75 | 164.00 | 174.25 | 184.50 | 194.75 | 205.00 | | D | 932.75 | 1004.50 | 1076.25 | 1148.00 | 1219.75 | 1291.50 | 1363.25 | 1435.00 | | Vulva/Vagina Uterus/Cervix | W | 133.25 | 143.50 | 153.75 | 164.00 | 174.25 | 184.50 | 194.75 | 205.00 | | D | 932.75 | 1004.50 | 1076.25 | 1148.00 | 1219.75 | 1291.50 | 1363.25 | 1435.00 | | Larynx/Tongue | W | 104.00 | 112.00 | 120.00 | 128.00 | 136.00 | 144.00 | 152.00 | 160.00 | | D | 728.00 | 784.00 | 840.00 | 896.00 | 952.00 | 1008.00 | 1064.00 | 1120.00 | | Eye | W | 104.00 | 112.00 | 120.00 | 128.00 | 136.00 | 144.00 | 152.00 | 160.00 | | D | 728.00 | 784.00 | 840.00 | 896.00 | 952.00 | 1008.00 | 1064.00 | 1120.00 | | Kidney/Lung | W | 101.40 | 109.20 | 117.00 | 124.80 | 132.60 | 140.40 | 148.20 | 156.00 | | D | 709.80 | 764.40 | 819.00 | 873.60 | 928.20 | 982.80 | 1037.40 | 1092.00 | | Thumb | W | 48.75 | 52.50 | 56.25 | 60.00 | 63.75 | 67.50 | 71.25 | 75.00 | | D | 341.25 | 367.50 | 393.75 | 420.00 | 446.25 | 472.50 | 498.75 | 525.00 | | 1st Finger | W | 29.90 | 32.20 | 34.50 | 36.80 | 39.10 | 41.40 | 43.70 | 46.00 | | D | 209.30 | 225.40 | 241.50 | 257.60 | 273.70 | 289.80 | 305.90 | 322.00 | | Great Toe | W | 24.70 | 26.60 | 28.50 | 30.40 | 32.30 | 34.20 | 36.10 | 38.00 | | D | 172.90 | 186.20 | 199.50 | 212.80 | 226.10 | 239.10 | 252.70 | 266.00 | | 2nd Finger | W | 19.50 | 21.00 | 22.50 | 24.00 | 25.50 | 27.00 | 28.50 | 30.00 | | D | 136.50 | 147.00 | 157.50 | 168.00 | 178.50 | 189.00 | 199.50 | 210.00 | | 3rd Finger | W | 16.25 | 17.50 | 18.75 | 20.00 | 21.25 | 22.50 | 23.75 | 25.00 | | D | 113.75 | 122.50 | 131.25 | 140.00 | 148.75 | 157.50 | 166.25 | 175.00 | | Toe (other than great toe) | W | 10.40 | 11.20 | 12.00 | 12.80 | 13.60 | 14.40 | 15.20 | 16.00 | | D | 72.80 | 78.40 | 84.00 | 89.60 | 95.20 | 100.80 | 106.40 | 112.00 | | 4th Finger | W | 9.75 | 10.50 | 11.25 | 12.00 | 12.75 | 13.50 | 14.25 | 15.00 | | D | 68.25 | 73.50 | 78.75 | 84.00 | 89.25 | 94.50 | 99.75 | 105.00 | | Hearing (1 ear) | W | 33.80 | 36.40 | 39.00 | 41.60 | 44.20 | 46.80 | 49.40 | 52.00 | | D | 236.60 | 254.80 | 273.00 | 291.00 | 309.40 | 327.60 | 345.80 | 364.00 | | Hearing (Both ears) | W | 130.00 | 140.00 | 150.00 | 160.00 | 170.00 | 180.00 | 190.00 | 200.00 | | D | 910.00 | 980.00 | 1050.00 | 1120.00 | 1190.00 | 1260.00 | 1330.00 | 1400.00 | | Testicle | W | 33.80 | 36.40 | 39.00 | 41.60 | 44.20 | 46.80 | 49.40 | 52.00 | | D | 236.60 | 254.80 | 273.00 | 291.00 | 309.40 | 327.60 | 345.80 | 364.00 | | Breast | W | 33.80 | 36.40 | 39.00 | 41.60 | 44.20 | 46.80 | 49.40 | 52.00 | | D | 236.60 | 254.80 | 273.00 | 291.00 | 309.40 | 327.60 | 345.80 | 364.00 | | Ovary (includes fallopian tubes) | W | 33.80 | 36.40 | 39.00 | 41.60 | 44.20 | 46.80 | 49.40 | 52.00 | | D | 236.60 | 254.80 | 273.00 | 291.00 | 309.40 | 327.60 | 345.80 | 364.00 | | Skin | W | 133.25 | 143.50 | 153.75 | 164.00 | 174.25 | 184.50 | 194.75 | 205.00 | | D | 932.75 | 1004.50 | 1076.25 | 1148.00 | 1219.75 | 1291.50 | 1363.25 | 1435.00 |

W = Weeks and D=Days

 

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