Permanent Partial Disability
Some states have also made provisions to provide for additional payments in the event an excessive healing period is required before a worker steps from a total disability class to a partial disability condition.
Most states have prescribed maximum limitations on the number of weeks for which benefits can be paid and the amounts which can be paid in permanent partial disability cases.
Permanent partial schedule benefits are based on medical pathology disregarding wage loss entirely. Many employees continue at their work, suffering no wage loss, despite the fact that they sustained, for example, a fracture of the hand or a foot. They will nevertheless, eventually receive a schedule award.
The statutes provide arbitrary schedules of the number of weeks for which compensation is payable for loss of use of members of the body. For other types of permanent impairments, many of the state statutes provide for a percentage of total permanent disability. New York is not one of the states with this statute.
Temporary Partial Disability
In these cases a worker suffers a temporary injury during which time he can perform only a portion of his work, is never totally disabled and is left with no permanent impairment.
These benefits are payable in all states. The methods for determining this type of benefit vary depending on the law. In many of the jurisdictions, widows and minor children under the age of 18 are eligible for benefits irrespective of financial dependency. Benefits to a widow cease if she remarries. Some states, like New York provide lifetime benefits. Other states like Connecticut, limit benefits to a prescribed number of weeks. Funeral benefits, ranging from $150 to $500 are paid in addition to the death benefits.
The issue of dependency based on relationship is the reverse side of the coin in all death cases. The determination that must be made is, did the claimant’s wife comply with statutory requirements or so to enable a referee or commissioner to find that a valid marriage had been in effect at the time of the death. The following questions impinge on such a finding: common-law tests, validity or marriage or divorce, legitimacy.
Referees and commissioners will ordinarily stretch all precedents and utilize all presumptions to make favorable findings in meritorious causes of dependency. The time as of which dependency status is fixed, is generally the date of accident. This is true in most states, including New York. Some few states make it the date of death. In some instances accident and death may be simultaneous.