A. An injured employee who is entitled to receive permanent partial disability compensation under Section 45 of this title shall receive compensation for each part of the body in accordance with the number of weeks for the scheduled loss set forth below.
1. Arm amputated at the elbow, or between the elbow and shoulder, two hundred seventy-five (275) weeks;
2. Arm amputated between the elbow and wrist, two hundred twenty (220) weeks;
3. Leg amputated at the knee, or between the knee and the hip, two hundred seventy-five (275) weeks;
4. Leg amputated between the knee and the ankle, two hundred twenty (220) weeks;
5. Hand amputated, two hundred twenty (220) weeks;
6. Thumb amputated, sixty-six (66) weeks;
7. First finger amputated, thirty-nine (39) weeks;
8. Second finger amputated, thirty-three (33) weeks;
9. Third finger amputated, twenty-two (22) weeks;
10. Fourth finger amputated, seventeen (17) weeks;
11. Foot amputated, two hundred twenty (220) weeks;
12. Great toe amputated, thirty-three (33) weeks;
13. Toe other than great toe amputated, eleven (11) weeks;
14. Eye enucleated, in which there was useful vision, two hundred seventy-five (275) weeks;
15. Loss of hearing of one ear, one hundred ten (110) weeks;
16. Loss of hearing of both ears, three hundred thirty (330) weeks; and
17. Loss of one testicle, fifty-three (53) weeks; loss of both testicles, one hundred fifty-eight (158) weeks.
B. The permanent partial disability rate of compensation for amputation or permanent total loss of use of a scheduled member specified in this section shall be seventy percent (70%) of the employee's average weekly wage, not to exceed Three Hundred Fifty Dollars ($350.00) with an increase to Three Hundred Sixty Dollars ($360.00) on July 1, 2021, multiplied by the number of weeks as set forth in this section, regardless of whether or not the injured employee is able to return to his or her pre-injury job.
C. Other cases: In cases in which the Workers' Compensation Commission finds an injury to a part of the body not specifically covered by the foregoing provisions of this section, the employee may be entitled to compensation for permanent partial disability. The compensation ordered paid shall be seventy percent (70%) of the employee's average weekly wage, not to exceed Three Hundred Fifty Dollars ($350.00) with an increase to Three Hundred Sixty Dollars ($360.00) on July 1, 2021, for the number of weeks which the partial disability of the employee bears to three hundred fifty (350) weeks.
D. 1. Compensation for amputation of the first phalange of a digit shall be one-half (1/2) of the compensation for the amputation of the entire digit.
2. Compensation for amputation of more than one phalange of a digit shall be the same as for amputation of the entire digit.
E. 1. Compensation for the permanent loss of eighty percent (80%) or more of the vision of an eye shall be the same as for the loss of an eye.
2. In all cases of permanent loss of vision, the use of corrective lenses may be taken into consideration in evaluating the extent of loss of vision.
F. Compensation for amputation or loss of use of two or more digits or one or more phalanges of two or more digits of a hand or a foot may be proportioned to the total loss of use of the hand or the foot occasioned thereby but shall not exceed the compensation for total loss of a hand or a foot.
G. Compensation for permanent total loss of use of a member shall be the same as for amputation of the member.
H. The sum of all permanent partial disability awards, excluding awards against the Multiple Injury Trust Fund, shall not exceed three hundred fifty (350) weeks.
Added by Laws 2013, c. 208, § 46, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 18, emerg. eff. May 28, 2019.
Structure Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-1. Short title - Administrative Workers' Compensation Act.
§85A-5. Exclusive liability - Immunity.
§85A-7. Discrimination or retaliation.
§85A-8. Agreement to waive compensation.
§85A-9. Agreements for employee to pay premium of employer.
§85A-10. Release or commutation - Liens against workers' compensation benefits.
§85A-11. Compensation of alien nonresidents.
§85A-13. Mental injury or illness.
§85A-16. Official Disability Guidelines - Treatment in Workers Compensation.
§85A-17. Physician Advisory Committee.
§85A-18. Notice to health care providers - Collection of fees.
§85A-19. Oklahoma Workers' Compensation Commission.
§85A-20. Power and authority of Commission.
§85A-22. Administration of act - Additional powers and duties.
§85A-23. Necessary traveling expenses.
§85A-24. Administrative report.
§85A-25. Annual publication of aggregate information.
§85A-26. Removal of commissioners.
§85A-27. Jurisdiction - Duties and powers of administrative judges.
§85A-28. Multiple Injury Trust Fund - Self-insurance Guaranty Fund.
§85A-28.1. Workers' Compensation Commission Revolving Fund.
§85A-30. Physically impaired persons - Adjudications of Multiple Injury Trust Fund claims.
§85A-31. Multiple Injury Trust Fund.
§85A-32. Permanent total disability awards.
§85A-33. Statute of limitations.
§85A-34. Administration of Multiple Injury Trust Fund - Standing.
§85A-35.1. Court reporter – Stenographic recording of settlements.
§85A-36. Liability other than immediate employer.
§85A-37. Waiver of exemption or exclusion.
§85A-38. Securing compensation.
§85A-39. Carrier discharging obligations.
§85A-40. Failure to secure compensation - Summary hearing - Penalties.
§85A-42. Required insurance policy provisions.
§85A-43. Liability Unaffected - Subrogation.
§85A-44. Reduction of benefits.
§85A-46. Permanent partial disability schedule.
§85A-47. Beneficiaries in case of death.
§85A-49. Temporary total disability and unemployment benefits.
§85A-50. Failure to provide medical treatment - Medical examination - Fee schedule - Formulary.
§85A-51. Payment of medical expenses.
§85A-52. Liability for non-compensable injury.
§85A-53. Physical examination.
§85A-54. Refusal to submit to surgery.
§85A-55. Unreasonable charges.
§85A-56. Certified workplace medical plans.
§85A-57. Failure to appear for scheduled appointments.
§85A-58. Copying of medical records.
§85A-59. Computation of average weekly wages.
§85A-60. Evaluation of permanent disability.
§85A-62. Nonsurgical soft tissue injury.
§85A-64. Certification of workplace medical plan.
§85A-65. Occupational disease.
§85A-66. Silicosis and asbestosis.
§85A-67. Notice of occupational disease or cumulative trauma.
§85A-68. Rebuttable presumption injury not work-related.
§85A-69. Statute of limitations.
§85A-70. Promulgation of rules.
§85A-71. Notice - Investigation and hearing - Evidence and construction.
§85A-72. Conduct of Hearing or Inquiry - Public hearings - Evidence.
§85A-73. Preservation and enforcement of orders.
§85A-74. Rebuttable presumptions.
§85A-77. Employment of attorneys.
§85A-79. Failure to comply with final compensation judgement.
§85A-80. Review of compensation judgments.
§85A-81. Commencing proceedings on unreasonable grounds.
§85A-82. Claims for legal services.
§85A-84. Payment of compensation.
§85A-86. Controversion of employee's right to claim compensation.
§85A-88. Change of insurance carriers.
§85A-90. Deposit or bond with commission.
§85A-92. Notification of commission.
§85A-94. Incarcerated employees.
§85A-96. Self-insurance Guaranty Fund Board.
§85A-97. Self-insurance Guaranty Fund.
§85A-98. Funds to be transferred to Self-insurance Guaranty Fund.
§85A-99. Impaired self-insurer.
§85A-100. Self-insurance Guaranty Fund Board as party to proceedings.
§85A-101. Report on number of claims - Electronic data interchange.
§85A-102. Pooled liabilities - Distribution of surplus.
§85A-103. Associations pooling liability.
§85A-104. Workers' Compensation Commission and Self-Insurance Guaranty Fund Board liability.
§85A-106. Strict construction.
§85A-107. Workers' compensation provided by public entities.
§85A-108. Dismissal of claims.
§85A-109. Workers' compensation counselor or ombudsmen program.
§85A-110. Alternative dispute resolution program.
§85A-111. Commencement of benefit claim - Prehearing conference.
§85A-112. Independent medical examiners.
§85A-113. Transfer of case management - Case managers.
§85A-115. Joint Petition for settlement.
§85A-116. Awards for permanent disability.
§85A-117. Estoppel from denying employment.
§85A-119. Copies of documents.
§85A-120. Inquiry about compensation claims.
§85A-121. Advisory Council on Workers' Compensation.
§85A-122. Costs of administering act.
§85A-124. Transfers from Workers' Compensation Court.
§85A-125. Computation of time.
§85A-300. Short title - Workers' Compensation Arbitration Act.
§85A-301. Arbitration agreements.
§85A-303. Agreements governed by act.
§85A-305. Application for judicial relief.
§85A-306. Agreement to submit to arbitration.
§85A-307. Refusal to arbitrate.
§85A-308. Judgement for provisional remedies.
§85A-309. Initiation of arbitration.
§85A-310. Consolidation of separate arbitration proceedings.
§85A-311. Method of appointing arbitrator.
§85A-313. Multiple arbitrators.
§85A-314. Immunity from civil liability.
§85A-315. Summary disposition - Notice of hearing - Right to be heard - Replacement arbitrator.
§85A-316. Payment of legal fees.
§85A-317. Subpoenas - Depositions - Discovery.
§85A-319. Record of the award.
§85A-320. Modification of awards.
§85A-321. Benefits - Attorney fees.
§85A-322. Judgments confirming the award.
§85A-324. Modification of awards by Commission.
§85A-325. Judgment entered by Commission.
§85A-326. Exclusive jurisdiction.
§85A-400. Workers' Compensation Court.
§85A-401. Workers' Compensation Court of Existing Claims Revolving Fund.