Certain injuries and conditions have a minimum percentage of permanent partial disability suggested by the administrative rules. The doctors must evaluate the conditions on a case by case basis and render an opinion on the extent of permanency. The opinions are not always based on objective criteria, and are sometimes quite subjective. There is room for argument in many cases. Scheduled injuries involve injuries to the extremities, sight and hearing.
Nonscheduled injuries involve injuries to the head, neck and torso.
The statutes prescribe a maximum number of weeks of disability for each area of the body involved. The appropriate percentage of permanent partial disability, as determined by a doctor, is multiplied times the maximum number of weeks applicable to the area of the body involved, to determine the number of weeks during which the employee is entitled to a weekly benefit. The rate of weekly benefits changes each year. If the doctors on both sides of the case disagree on the appropriate percentage, an employee is entitled to apply for a hearing so that an administrative law judge can decide the applicable percentage which will determine the benefit amount. Retraining benefits are paid at the temporary total disability rate, sometimes adjusted for the year of retraining instead of the year of the accident, during the weeks that an employee is enrolled in a program of retraining authorized by the Division of Vocational Rehabilitation.