TABLE 10.-Minimum and maximum benefits for permanent total disability-Continued

Missouri.

Montana.
Nebraska.

New York.

North Carolina.

North Dakota.

Oregon

Puerto Rico.
Rhode Island.

South Carolina.

South Dakota..

Tennessee...

1 According to number of dependents. In Idaho, Oregon, Washington, and Wyoming
according to marital status and number of dependents. Under the Federal Employees'
Compensation Act, the 75 percent of wages is contingent upon the existence of a statutory
dependent.

The California law provides for 65 percent of 95 percent of actual earnings, or 614
percent.

3 Colorado: If periodic disability benefits are payable to the worker under the Federal
OASDI, the workmen's compensation weekly benefits shall be reduced (but not below
zero) by an amount approximating one-half such Federal benefits for such week. If dis-
ability benefits are payable under an employer pension plan, the workmen's compensa-
tion benefits shall be reduced in an amount proportional to the employer's percentage
of total contributions to the plan.

Colorado does not limit total maximum for disability from accidental injury, but sets
a maximum of $12,598.25 in case of occupational diseases.

Hawaii: After $25,000 has been paid, compensation at the same rate is paid form a
special fund.

In case total disability begins after a period of partial disability, the period of partial
disability shall be deducted from the weeks specified.

Illinois: After $13,500 to $17,500, depending upon number of dependents, has been
paid, a pension for life is provided.

Indiana: After $16,500 and 500 weeks, further payments of compensation may be paid
for an indefinite period from a special fund.

Kentucky: If period of total disability begins after a period of partial disability, the
period of partial disability shall be deducted from the 425 weeks.

Law expressly provides that such payments are in addition to payments for temporary total.

10 Michigan: Law states that there is a conclusive presumption that disability does not extend beyond 800 weeks, but after that time the question of permanent total disability is determined in each case in accordance with the facts.

$64.

$28.85 to $34.62,1 plus $5.54 for each
dependent child under 18, or each
child under 21 incapable of self-
support because of mental or phys-
ical incapacity.17

$121.15.

$70

11 Minnesota: After $18,000 paid, OASDI benefits credited against workmen's com-
pensation benefits.

12 New Jersey: Benefits set in accordance with a "wage and compensation schedule."
After 450 weeks, if worker has accepted such rehabilitation as may have been ordered
by the Rehabilitation Commission, further benefits may be paid during disability,
amounting to his previous weekly compensation payment diminished proportionately
as the wages he is then able to earn bear to the wages received at the time of the accident.
If his wages equal or exceed such former wages, his benefit rate shall be reduced to $5 a
week.
13 North Carolina: In cases in which total and permanent disability results from pa-
ralysis resulting from an injury to the brain or spinal cord or from loss of mental capacity
resulting from an injury to the brain, compensation shall be paid during the life of the
injured employee, without regard to the 400 weeks or to the $12,000 maximum.

14 Ohio: For persons previously awarded permanent total disability benefits, supple-
mental payments may be made from the disabled workmen's relief Fund to bring
payment up to $40.25.

15 Rhode Island: After 1,000 weeks, or after payment of $16,000, payments to be made
for life from second-injury fund.

16 Utah: After payment of $15,800 by the employer or carrier, a worker who has cooper-
ated with the Division of Vocational Rehabilitation but who canot be rehabilitated
receives from the combined injury fund 45 percent of wages, for period of disability,
weekly maximum $40.

17 Wyoming: As to the allowance for the children, the law states: "**** there shall be
credited to the account of each of such children a lump-sum equivalent to $24 per
month ($5.54 per week) until the time when each of said children would become 18 years
of age; provided that the lump sum credited to the account of all said children shall in
no case exceed $7,000." The total maximum of $19,000 shown on the table includes the
$7,000.

APPENDIX D

TEMPORARY TOTAL DISABILITY

The great majority of cases for which cash benefits are paid involve temporary total disability; that is, the employee is unable to work at all while he is recovering from the injury, but he is expected to recover fully. The disability ends with the recovery of the injured person and his return to work. Table 7, relating to benefits for such disability, shows the maximum percentage of wages used in computing benefits, and the maximum period for which benefits are paid. It shows also the minimum and maximum payments per week, as well as the total maximum amounts where these are expressly stated in the laws.

The amount of benefits in most of these laws is based on a percentage of the worker's wages, usually 60, 65, or 66% percent. As to monetary amounts, these are increased in many States every legislative session. For instance, in 1963, 22 States raised benefits for temporary total disability.

As of September 1957, 12 laws provided for maximum payments of $50 or over (including dependents' allowances); by April 1960 this number had grown to 19; and by September 1964 to 26-the two Federal laws and the following jurisdictions:

TABLE 7.-Minimum and maximum benefits for temporary total disability

TABLE 7.-Minimum and maximum benefits for temporary total disability-Con.

TABLE 7.—Minimum and maximum benefits for temporary total disability—Con.

According to number of dependents. In Idaho, Oregon, Washington, and Wyoming, according to marital status and number of dependents. In Illinois, according to number of dependent children under 16, or under 18 when not emancipated.

The California law provides for 65 percent of 95 percent of actual earnings, or 614 percent. Colorado: If periodic disability benefits are payable to the worker under the Federal OASDI, the workmen's compensation weekly benefits shall be reduced (but not below zero) by an amount approximating such Federal benefits for such week. If disability benefits are payable under an employer pension plan, the workmen's compensation benefits shall be reduced in an amount proportional to the employer's percentage of total contributions to the plan. Colorado does not limit total maximum for disability from accidental injury, except that if payable in lump sum, maximum is $13,650; in case of occupational diseases the maximum is $13.693.75.

4 Connecticut: Beginning October 1963, the maximum amounted to $57 a week.

In case total disability begins after a period of partial disability, the period of partial disability shall be deducted from the specified period for temporary total.

Massachusetts: Maximum $18.000 for temporary total and permanent partial disability.

7 Michigan: Total maximum may not exceed 500 times total weekly amount payable.

8 New Jersey: Benefits are set in accordance with a "wage and compensation schedule." Under this schedule, the 66% percent level is adhered to fairly closely for workers earning wages of $45 a week or less. For workers who earn more, the schedule specifies benefits which are less than 662% percent. For instance, a worker earning $60 a week is entitled to a compensation benefit of $36, or 60 percent.

North Carloina: The 400 weeks and $12,000 do not apply in cases of permanent total disability resulting from an injury to the brain or spinal cord or from loss of mental capacity caused by an injury to the brain 10 Rhode Island: After 1,000 weeks, or after $16,000 has been paid, payments to be made from secondinjury fund for period of disability. The allowance of up to $12 a week for dependent children is also payable from this fund.

Rhode Island is included on the above list, but the maximum of $57 is payable only if the worker is not receiving benefits under the State temporary disability insurance law; otherwise the maximum is $40. Ohio pays a maximum of $56 for the first 12 weeks, but drops to $49 thereafter.

Under 13 laws, the maximums range from $40 to under $50; while the remaining 15 still set maximums of under $40 a week.

Most of the laws limit the period during which temporary total benefits may be paid; this ranges from 208 to 500 weeks. There is a growing trend, however, toward paying benefits for the entire period of disability with no limitation on