MS Code § 71-3-17 (2020)
2020 Mississippi Code|Title 71 - Labor and Industry|Chapter 3 - Workers' Compensation|General Provisions|§ 71-3-17. Compensation for disability

 Compensation for disability shall be paid to the employee as follows:   Permanent total disability: In case of total disability adjudged to be permanent, sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, shall be paid to the employee not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two (2) thereof shall constitute permanent total disability. In all other cases, permanent total disability shall be determined in accordance with the facts.   Temporary total disability: In case of disability, total in character but temporary in quality, sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, shall be paid to the employee during the continuance of such disability not to exceed four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state. Provided, however, if there arises a conflict in medical opinions of whether or not the claimant has reached maximum medical recovery and the claimant's benefits have been terminated by the carrier, then the claimant may demand an immediate hearing before the commissioner upon five (5) days' notice to the carrier for a determination by the commission of whether or not in fact the claimant has reached maximum recovery.   Permanent partial disability: In case of disability partial in character but permanent in quality, the compensation shall be sixty-six and two-thirds percent (66-2/3%) of the average weekly wages of the injured employee, subject to the maximum limitations as to weekly benefits as set up in this chapter, which shall be paid following compensation for temporary total disability paid in accordance with paragraph (b) of this section, and shall be paid to the employee as follows:   Member Lost Number Weeks Compensation (1) Arm 200 (2) Leg 175 (3) Hand 150 (4) Foot 125 (5) Eye 100 (6) Thumb 60 (7) First finger 35 (8) Great toe 30 (9) Second finger 30 (10) Third finger 20 (11) Toe other than great toe 10 (12) Fourth finger 15 (13) Testicle, one 50 (14) Testicle, both 150 (15) Breast, female, one 50 (16) Breast, female, both 150   Click to view   Loss of hearing:Compensation for loss of hearing of one (1) ear, forty (40) weeks.Compensation for loss of hearing of both ears, one hundred fifty (150)weeks.   Phalanges: Compensationfor loss of more than one (1) phalange of a digit shall be the sameas for loss of the entire digit. Compensation for loss of the firstphalange shall be one-half (1/2) of the compensation for loss ofthe entire digit.   Amputated armor leg: Compensation for an arm or leg, if amputated at or above wristor ankle, shall be for the loss of the arm or leg.   Binocular visionor percent of vision: Compensation for loss of binocular vision orfor eighty percent (80%) or more of the vision of an eye shall bethe same as for loss of the eye.   Two (2) or moredigits: Compensation for loss of two (2) or more digits, or one (1)or more phalanges of two (2) or more digits, of a hand or foot maybe proportioned to the loss of the use of the hand or foot occasionedthereby, but shall not exceed the compensation for loss of a handor foot.   Total loss ofuse: Compensation for permanent total loss of use of a member shallbe the same as for loss of the member.   Partial lossor partial loss of use: Compensation for permanent partial loss orloss of use of a member may be for proportionate loss or loss of useof the member.   Disfigurement:The commission, in its discretion, is authorized to award proper andequitable compensation for serious facial or head disfigurements notto exceed Five Thousand Dollars ($5,000.00). No such award shall bemade until a lapse of one (1) year from the date of the injury resultingin such disfigurement.   Other cases:In all other cases in this class of disability, the compensation shallbe sixty-six and two-thirds percent (66-2/3%) of the differencebetween his average weekly wages, subject to the maximum limitationsas to weekly benefits as set up in this chapter, and his wage-earningcapacity thereafter in the same employment or otherwise, payable duringthe continuance of such partial disability, but subject to reconsiderationof the degree of such impairment by the commission on its own motionor upon application of any party in interest. Such payments shallin no case be made for a longer period than four hundred fifty (450)weeks.   In any case inwhich there shall be a loss of, or loss of use of, more than one (1)member or parts of more than one (1) member set forth in subparagraphs(1) through (23) of this paragraph (c), not amounting to permanenttotal disability, the award of compensation shall be for the lossof, or loss of use of, each such member or parts thereof, which awardsshall run consecutively, except that where the injury affects onlytwo (2) or more digits of the same hand or foot, subparagraph (21)of this paragraph (c) shall apply.