§ 25.202 How is the Special Schedule applied for Japanese seamen? ( a ) *General.* The special schedule of compensation established by subpart B of this part shall apply as of November 1, 1971, with the modifications or additions specified in paragraphs (b) through (i) of this section, to injuries sustained outside the continental United States or Canada by direct-hire Japanese seamen who are neither citizens nor residents of the United States or Canada and who are employed by the Military Sealift Command in Japan.
( b ) *Temporary total disability.* Weekly compensation shall be paid at 75 percent of the weekly wage rate.
( c ) *Temporary partial disability.* Weekly compensation shall be paid at 75 percent of the weekly loss of wage-earning capacity.
( d ) *Permanent total disability.* Compensation shall be paid in a lump sum equivalent to 360 weeks' wages.
( e ) *Permanent partial disability.* ( 1 ) The provisions of § 25.101 of this part shall apply to the types of permanent partial disability listed in paragraphs (d)(1) through (13) and (d)(24) through (29) of that section: Provided that weekly compensation shall be paid at 75 percent of the weekly wage rate and that the number of weeks allowed for specified losses shall be changed as follows: ( i ) Arm lost: 312 weeks.
( ii ) Leg lost: 288 weeks.
( iii ) Hand lost: 244 weeks.
( iv ) Foot lost: 205 weeks.
( v ) Eye lost: 160 weeks.
( vi ) Thumb lost: 75 weeks.
( vii ) First finger lost: 46 weeks.
( viii ) Second finger lost: 30 weeks.
( ix ) Third finger lost: 25 weeks.
( x ) Fourth finger lost: 15 weeks.
( xi ) Great toe lost: 38 weeks.
( xii ) Toe, other than great toe lost: 16 weeks.
( 2 ) In all other cases, that proportion of the compensation provided for permanent total disability in paragraph (d) of this section which is equivalent to the degree or percentage of physical impairment caused by the injury.
( f ) *Death.* If there are two or more eligible survivors, compensation equivalent to 360 weeks' wages shall be paid to the survivors, share and share alike. If there is only one eligible survivor, compensation equivalent to 300 weeks' wages shall be paid. The following survivors are eligible for death benefits: ( 1 ) Spouse who lived with or was dependent upon the employee.
( 2 ) Unmarried children under 21 who lived with or were dependent upon the employee.
( 3 ) Adult children who were dependent upon the employee by reason of physical or mental disability.
( 4 ) Dependent parents, grandparents and grandchildren.
( g ) *Burial allowance.* $1,000 payable to the eligible survivor(s), regardless of actual expenses. If there are no eligible survivors, actual expenses may be paid or reimbursed, up to $1,000.
( h ) *Method of payment.* Only compensation for temporary disability shall be payable periodically, as entitlement accrues. Compensation for permanent disability and death shall be payable in a lump sum.
( i ) *Maxima.* In all cases, the maximum weekly benefit shall be $130. Also, except in cases of permanent total disability and death, the aggregate maximum compensation payable for any injury shall be $51,000. This amount will be adjusted annually on March 1 in accordance with the percentage amount determined by the cost of living adjustment under 5 U.S.C. 8146a.
( j ) *Prior injury.* In cases where injury or death occurred prior to November 1, 1971, benefits will be paid in accordance with regulations promulgated, contained in 20 CFR parts 1-399, edition revised as of January 1, 1971.