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

941

South Dakota..

PA. 1 Worker is TUCCIVILg Denents under

$5.

the Temporary Disability Insurance Act. $22 if worker is not receiving benefits under the Temporary Disability Insurance Act.

300 weeks; thereafter 30 percent of earn- $20, 1st 300 weeks; $12 thereafter. ings; maximum $15 for life.

South Carolina..

60

500 weeks..

550 weeks..

88 & 28

260 weeks; thereafter 45 percent of weekly wages during disability; maxmum $40,16

66% 330 weeks 5.

Vermont..

Virginia..

60

500 weeks.

Washington..

Duration of disability.

West Virginia..

662% Life.

Wisconsin..

70

do..

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.

2 The California law provides for 65 percent of 95 percent of actual earnings, or 61%
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 com-
pensation benefits shall be reduced in an amount proportional to the employer's percent-
age 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 from a special fund.

5 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.

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

8 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.

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.

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, amount-
ing 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
paralysis resulting from an injury to the brain or spinal cord or from loss of mental ca-
pacity 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 2d-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 cannot 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.

Two of these do not specify payments for the entire period: In Indiana, after the first 500 weeks and $16,500 maximum has been paid, further payments may be made for an indefinite period of time; and in New Hampshire, after 312 weeks annual extensions may be made in the discretion of the labor commissioner.

New Jersey pays for life providing that, after 450 weeks, the worker has accepted such rehabilitation as may have been ordered by the Rehabilitation Commission, and is still unable to earn wages equal to those earned before his accident. His benefits, however, are reduced after the 450-week period. Benefits are also reduced after a varying number of weeks in California, Idaho, Missouri, Nebraska, and Utah.

Eighteen of the thirty-three pay a maximum of $50 or more a week for the total period of disability: Alaska, Arizona, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Massachusetts, Michigan, Nevada, New York, North Dakota, Oregon, Utah, Washington, and Wisconsin.

An additional State, North Carolina, pays for life in cases in which total and permanent disability results from paralysis resulting from an injury to the brain or spinal cord or from loss of mental capacity resulting from an injury to the brain.

In the remaining 20 States, the payments are limited as to time, amount, or both. Two of these, Maryland and South Dakota, specify payments for life. but the laws set total monetary maximums. The time periods range from 330 to 550 weeks, and the money limitations from $10,000 to $30,000. Three of these States pay a maximum of $50 or more a week: Montana, Vermont, and Wyoming. Some laws, including those of Hawaii, Nevada, Washington, and the Federal Employees' Act, provide additional payments for an attendant, if one is required. In some States, the payments are different for single or married persons, or for workmen with dependents. For example, in Idaho the maximum weekly payment for a single employee is $32, while a married employee may receive $37 with $4 per week additional for each dependent child up to a total maximum of $52 a week. Illinois is an example of a State that makes no distinction between single and married employees, but provides additional amounts for dependent children. This State pays a maximum $51 a week for a single or a married worker, with additional payments for children up to a total of $61 a week.

Senator ANDERSON. I understood the Department of Labor had furnished us with one report showing that only 4 of the 50 States have maximum weekly benefits equal to two-thirds of the average monthly

wage.

Do you agree with that statement?

Mr. KALMYKOW. Would you please repeat the statement?

Senator ANDERSON. This was furnished by the Department of Labor saying that in only 4 of the 50 States did the maximum weekly benefits equal two-thirds of the average weekly wage.

Mr. KALMYKOw. I don't know exactly the date of that statement, because there have been some considerable

Senator ANDERSON. I don't, either. But have you got something greater than that?

Mr. KALMYKOW. Yes, I think we can show something greater than that.

Senator ANDERSON. Senator Douglas said we can get that from the Department of Labor and your figures. They said 5 States had average of less than 50 percent of the weekly wage; is that right?

Mr. KALMYKOW. I think it is a question, you have to examine the figures, as I say, and examine the dates. I think it is a question of