Section 36. (1) In addition to all other compensation to the employee shall be paid the sums hereafter designated for the following specific injuries; provided, however, that the employee has not died from any cause within thirty days of such injury:
(a) For the loss by enucleation or otherwise or the total loss of use of one eye, or for injury to one eye which produces an inability which is not correctible to use both eyes together for single binocular vision, or the reduction to twenty-seventieths of normal vision in one eye, with glasses, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-nine.
(b) For the loss by enucleation or otherwise, or the total loss of use of both eyes, or the reduction to twenty-seventieths of normal vision in both eyes, with glasses, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by ninety-six.
(c) For any correctible permanent but partial reduction in either the acuity or field of vision of one or both eyes, such sum in proportion to the amount applicable in the event of total loss, total loss of use, or the reduction to twenty-seventieths of normal vision of one or both eyes as the correctible partial reduction bears to such total loss, total loss of use or reduction to twenty-seventieths of normal vision; provided that, for any permanent but partial reduction in either acuity or field of vision of either eye which requires the use of corrective device, such as glasses or contact lens, to produce normal vision, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by seven.
(d) For the loss of hearing of one ear, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by twenty-nine; for the loss of hearing of both ears, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by seventy-seven.
(e) For the amputation or permanent, total loss of use of the major arm, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by forty-three; for the amputation or permanent total loss of use of the minor arm, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-nine; for the amputation or permanent total loss of use of both arms, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by ninety-six.
(f) For the amputation or permanent, total loss of use of the major hand at the wrist, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-four; for the amputation or permanent, total loss of use of the minor hand at the wrist, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by twenty-nine; for the amputation or permanent, total loss of use of both hands at the wrist, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by seventy-seven.
(g) For the amputation or permanent, total loss of use of either leg, a sum equal to the average weekly wage in the commonwealth at the date of the injury multiplied by thirty-nine; for the amputation or permanent, total loss of use of both legs, a sum equal to the average weekly wage in the commonwealth on the date of injury multiplied by ninety-six.
(h) For the amputation or permanent, total loss of use of either foot at any point above the ankle joint, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by twenty-nine; for the amputation or permanent, total loss of use of both feet at any point above the ankle joints, a sum equal to the average weekly wage in the commonwealth at the date of injury multiplied by sixty-eight.
(i) For any permanent but partial loss of use of a member, whether leg, foot, arm, or hand, such sum in proportion to the amount applicable in the event of amputation or permanent, total loss of use of said member as the said partial loss bears to the total loss of use of said member.
(j) For each loss of bodily function or sense, other than those specified in preceding paragraphs of this section, the amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed the average weekly wage in the commonwealth at the date of injury multiplied by thirty-two; provided, however, that the total amount payable under this paragraph shall not exceed the average weekly wage in the commonwealth at the date of injury multiplied by eighty.
(k) For bodily disfigurement, an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section. No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.
(2) Where applicable, losses under this section shall be determined in accordance with standards set forth in the American Medical Association Guides to the Evaluation of Permanent Impairments. Nothing in this section shall adversely affect the employee's rights to any compensation which is or may become due under the provisions of any other section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XXI - Labor and Industries
Chapter 152 - Workers' Compensation
Section 2 - Powers and Duties of Department; Investigation of Causes of Injuries
Section 2a - Application of Amendments of Statute
Section 5 - Rules and Regulations
Section 6 - Notice of Injuries; Forms; Additional Reports; Statistical Summaries
Section 6a - Informational Brochures; Monitoring of Benefits; Resolution of Disputes
Section 6b - Disposition of Fines
Section 7 - Commencement of Payments
Section 7a - Presumptions; Employee Unable to Testify
Section 7f - Record of Filing Fees, Penalties and Attorneys' Fees
Section 7g - Documentation Attached to Claims
Section 8 - Termination or Modification of Payments
Section 9a - Physicians Engaged to Testify or Depose for Employee; Fees Paid by Insurer
Section 10a - Assignments of Cases; Conferences; Orders; Appeals
Section 10b - Arbitration; Agreements; Proceedings
Section 10c - Collective Bargaining Agreements; Binding Obligations and Procedures
Section 11 - Hearings; Evidence; Continuances
Section 11a - Impartial Medical Examiners
Section 11b - Procedure for Hearings; Depositions; Record of Proceedings
Section 11c - Appeals to Reviewing Board
Section 11d - Earnings Reports by Employees; Recovery of Overpayments
Section 12a - Award of Costs and Attorney's Fees
Section 13a - Attorney's Fees for Employees
Section 14a - Employee Leasing Companies
Section 15 - Liability of Person Other Than Insured
Section 15a - Controversy as to Which of Two or More Insurers Is Liable
Section 16 - Subsequent Findings Discontinuing Compensation; Finality
Section 17 - Enforcement of Orders or Decisions
Section 18 - Independent and Sub-Contractors; Liability of Insurer and Others
Section 19 - Agreements by Parties
Section 20 - Hospital Records as Evidence; Medical Records and Reports Open to Inspection
Section 20a - Copies of Reports of Medical Examinations Furnished Employees; Reports as Evidence
Section 20b - Medical Reports of Disabled or Deceased Physicians as Evidence
Section 21 - Notice by Insured to Employees
Section 22 - Notice by Insured to New Employees; Notice of Cessation of Insurance; Filing Copy
Section 23 - Release of Claims or Demands at Common Law
Section 24 - Waiver of Right of Action for Injuries
Section 25 - Insurer's Liability on Judgment for Employee
Section 25a - Purchase of Insurance; Self-Insurance; Reinsurance; Deductibles
Section 25d - Service Companies; Investigation, Adjustment or Settlement of Claims for Self-Insurers
Section 25e - Self-Insurance Groups; Definitions
Section 25f - Certification to Act as Self-Insurance Group
Section 25g - Application for Certificate; Requirements; Issuance
Section 25h - Termination of Certificate
Section 25j - Boards of Trustees
Section 25l - Solicitation of Membership by Licensed Agents
Section 25m - Misrepresentations or Omissions in Solicitations of Membership
Section 25n - Performance Reports; Statements of Financial Condition
Section 25q - Premium Payment Plans; Loss Reserves; Bad Debt Reserves
Section 25r - Deficiencies; Assessments; Liquidation of Groups
Section 25t - Cease and Desist Orders
Section 25u - Revocation of Certificates of Approval
Section 25v - Applicability of Chapter 176v to Groups Governed by Secs. 25e to 25u
Section 26 - Injuries Arising Out of and in Course of Employment
Section 26b - Concurrent Service of Two or More Employers; Joint and Several Liability of Insurers
Section 27 - Willful Misconduct of Employee
Section 27a - False Representation of Physical Condition by Employee; Right to Benefits
Section 29 - Required Period of Incapacitation; Personnel Actions
Section 30 - Adequate and Reasonable Health Care Services; Preferred Health Care Provider
Section 30e - Development of Voluntary Agreements
Section 30f - Identification of Cases in Which Vocational Rehabilitation Services May Be Required
Section 30g - Meetings With Injured Employees Requiring Vocational Rehabilitation Services
Section 30h - Applications for Vocational Rehabilitation Services
Section 30i - Availability of New Jobs and Job Training Programs
Section 31 - Death; Compensation for Dependents; Hearings
Section 34 - Total Incapacity; Compensation
Section 34a - Permanent and Total Incapacity; Compensation
Section 34b - Review Date; Supplemental Benefits to Secs. 31 or 34a
Section 35 - Partial Incapacity; Compensation
Section 35b - Return to Work; Subsequent Injury; Rate of Compensation
Section 35c - Date of Eligibility; Benefits Applicable; Adjustments
Section 35d - Computation of Weekly Wage
Section 36 - Specific Injuries
Section 36a - Death Before Full Payment of Compensation for Specified Injuries; Brain Damage
Section 36b - Unemployment Compensation Benefits; Eligibility
Section 37 - Compensation for Disability Subsequent to Physical Impairment; Reimbursement
Section 37a - Compensation for Disabled War Veteran; Reimbursement
Section 38 - Consideration of Employee's Savings, Insurance and Other Benefits
Section 40 - Guardian or Next Friend Exercising Employee's Rights
Section 41 - Notice of Proceedings for Compensation; Limitation of Actions
Section 42 - Notice in General
Section 43 - Service of Notice
Section 44 - Inaccuracies In, and Want Of, Notice
Section 46 - Waiver of Rights to Compensation; Arbitration
Section 47 - Assignments; Attachments; Liability for Debts
Section 48 - Lump Sum Agreements
Section 50 - Interest on Unpaid Claims
Section 51 - Natural Increase Considered in Determining Weekly Wages
Section 51a - Decision in Compensation Case; Law in Effect
Section 52b - Priority of Premiums and Interest Charges Over Other Claims
Section 52d - Appeal From Action or Decision of Rating Organization; Rating Information
Section 52g - Partial Invalidity of Statute
Section 53 - Mutual Companies; Distribution of Risks Into Groups
Section 53a - Classification of Risks and Premiums; Distribution of Premiums Among Employers
Section 54a - Necessity of Insurance Contract Insuring Payment of Compensation
Section 55 - Approval of Policy by Commissioner; Review; Issuance of Policy in Violation of Statute
Section 55a - Mid-Term Notice of Cancellation
Section 56 - Joint and Several Policies
Section 57 - Deposits of Value of Outstanding Claims Under Contracts
Section 58 - Computation of Value of Claims
Section 60 - Effect of Appointment of Receiver on Order, Deposit or Payments; Deposit by Receiver
Section 60a - Review, Suspension and Reduction of Order Requiring Deposit
Section 61 - Bond for Foreign Company; Other Security
Section 62 - Deposits by Foreign Companies; Payment of Obligations
Section 65 - Special Fund; Trust Fund; Assessment Base; Assessment Rates; Payments; Reports; Audits
Section 65b - Cancellation or Termination of Policy; Review
Section 65d - Issuance of Policy to Employer Assigned to Another Insurer
Section 65g - ''losses Incurred'' Defined; Determination of Amounts to Be Paid
Section 65h - Adjustment of Payments
Section 65i - Primary Liability to Pay Benefits
Section 65j - Inspection of Risks; Rules
Section 65k - Appeal on Ground Premium Is Unreasonable or Discriminatory; Effect of Determined Rates
Section 65m - Review of Orders or Rulings; Time; Suspension and Stay of Order or Rulings
Section 65o - Employer's Choice of Insurance Agent or Broker; Commission Fees; Service Fees
Section 66 - Actions for Injuries Sustained by Employees; Limitations; Defenses
Section 68 - Applicability of Statutes Relating to Employers' Liabilities
Section 69b - Vouchers; Examinations and Investigations; Reports
Section 70 - Procedure and Jurisdiction; Compensation Paid by Commonwealth and Its Subdivisions
Section 71 - Liability of County, City, Town or District for Employee's Injuries
Section 72 - Employee Claiming or Waiving Rights Against County, City, Town or District
Section 73a - Employment of Partially Disabled Employee; Temporary Employment to Fill Vacancy
Section 75 - Agents Designated to Furnish Benefits and Carry Out Statutes