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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Compensation and Related Benefits |
20 CFR 10.404 - When and how is compensation for a schedule impairment paid?
- Section Number: 10.404
- Section Name: When and how is compensation for a schedule impairment paid?
Compensation is provided for specified periods of time for the
permanent loss or loss of use of certain members, organs and functions
of the body. Such loss or loss of use is known as permanent impairment.
Compensation for proportionate periods of time is payable for partial
loss or loss of use of each member, organ or function. OWCP evaluates
the degree of impairment to schedule members, organs and functions as
defined in 5 U.S.C. 8107 according to the standards set forth in the
specified (by OWCP) edition of the American Medical Association's Guides
to the Evaluation of Permanent Impairment.
(a) 5 U.S.C. 8107(c) provides a list of schedule members. Pursuant
to the authority provided by 5 U.S.C. 8107(c)(22), the Secretary has
added the following organs to the compensation schedule for injuries
that were sustained on or after September 7, 1974:
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Member Weeks
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Breast (one)................................................. 52
Kidney (one)................................................. 156
Larynx....................................................... 160
Lung (one)................................................... 156
Penis........................................................ 205
Testicle (one)............................................... 52
Tongue....................................................... 160
Ovary (one).................................................. 52
Uterus/cervix and vulva/vagina............................... 205
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(b) Compensation for schedule awards is payable at 66\2/3\ percent
of the employee's pay, or 75 percent of the pay when the employee has at
least one dependent.
(c) The period of compensation payable under 5 U.S.C. 8107(c) shall
be reduced by the period of compensation paid or payable under the
schedule for an earlier injury if:
(1) Compensation in both cases is for impairment of the same member
or function or different parts of the same member or function, or for
disfigurement; and
(2) OWCP finds that compensation payable for the later impairment in
whole or in part would duplicate the compensation payable for the pre-
existing impairment.
(d) Compensation not to exceed $3,500 may be paid for serious
disfigurement of the face, head or neck which is likely to handicap a
person in securing or maintaining employment.
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