Awards; computation
Sec. 22. (a) In computing the compensation under this law with
respect to injuries occurring on and after April 1, 1963, and prior to
April 1, 1965, the average weekly wages shall be considered to be
not more than seventy dollars ($70) nor less than thirty dollars ($30).
In computing the compensation under this law with respect to
injuries occurring on and after April 1, 1965, and prior to April 1,
1967, the average weekly wages shall be considered to be not more
than seventy-five dollars ($75) and not less than thirty dollars ($30).
In computing the compensation under this law with respect to
injuries occurring on and after April 1, 1967, and prior to April 1,
1969, the average weekly wages shall be considered to be not more
than eighty-five dollars ($85) and not less than thirty-five dollars
($35). In computing the compensation under this law with respect to
injuries occurring on and after April 1, 1969, and prior to July 1,
1971, the average weekly wages shall be considered to be not more
than ninety-five dollars ($95) and not less than thirty-five dollars
($35). In computing the compensation under this law with respect to
injuries occurring on and after July 1, 1971, and prior to July 1,
1974, the average weekly wages shall be considered to be: (A) Not
more than: (1) one hundred dollars ($100) if no dependents; (2) one
hundred five dollars ($105) if one (1) dependent; (3) one hundred ten
dollars ($110) if two (2) dependents; (4) one hundred fifteen dollars
($115) if three (3) dependents; (5) one hundred twenty dollars ($120)
if four (4) dependents; and (6) one hundred twenty-five dollars
($125) if five (5) or more dependents; and (B) Not less than
thirty-five dollars ($35). In computing compensation for temporary
total disability, temporary partial disability, and total permanent
disability under this law with respect to injuries occurring on and
after July 1, 1974, and before July 1, 1976, the average weekly wages
shall be considered to be (A) not more than one hundred thirty-five
dollars ($135), and (B) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall in no case exceed
the average weekly wages of the employee at the time of the injury.
In computing compensation for temporary total disability, temporary
partial disability and total permanent disability under this law with
respect to injuries occurring on and after July 1, 1976, and before
July 1, 1977, the average weekly wages shall be considered to be (1)
not more than one hundred fifty-six dollars ($156) and (2) not less
than seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury. In computing compensation for temporary
total disability, temporary partial disability, and total permanent
disability, with respect to injuries occurring on and after July 1,
1977, and before July 1, 1979, the average weekly wages are
considered to be (1) not more than one hundred eighty dollars
($180); and (2) not less than seventy-five dollars ($75). However, the
weekly compensation payable may not exceed the average weekly
wages of the employee at the time of the injury. In computing
compensation for temporary total disability, temporary partial
disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1979, and before July 1, 1980, the
average weekly wages are considered to be (1) not more than one
hundred ninety-five dollars ($195), and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1980, and before
July 1, 1983, the average weekly wages are considered to be (1) not
more than two hundred ten dollars ($210), and (2) not less than
seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury. In computing compensation for temporary
total disability, temporary partial disability, and total permanent
disability, with respect to injuries occurring on and after July 1,
1983, and before July 1, 1984, the average weekly wages are
considered to be (1) not more than two hundred thirty-four dollars
($234) and (2) not less than seventy-five dollars ($75). However, the
weekly compensation payable shall not exceed the average weekly
wages of the employee at the time of the injury. In computing
compensation for temporary total disability, temporary partial
disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1984, and before July 1, 1985, the
average weekly wages are considered to be (1) not more than two
hundred forty-nine dollars ($249) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1985, and before
July 1, 1986, the average weekly wages are considered to be (1) not
more than two hundred sixty-seven dollars ($267) and (2) not less
than seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury. In computing compensation for temporary
total disability, temporary partial disability, and total permanent
disability, with respect to injuries occurring on and after July 1,
1986, and before July 1, 1988, the average weekly wages are
considered to be (1) not more than two hundred eighty-five dollars
($285) and (2) not less than seventy-five dollars ($75). However, the
weekly compensation payable shall not exceed the average weekly
wages of the employee at the time of the injury. In computing
compensation for temporary total disability, temporary partial
disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1988, and before July 1, 1989, the
average weekly wages are considered to be (1) not more than three
hundred eighty-four dollars ($384) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1989, and before
July 1, 1990, the average weekly wages are considered to be (1) not
more than four hundred eleven dollars ($411) and (2) not less than
seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury.
In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1990, and before
July 1, 1991, the average weekly wages are considered to be (1) not
more than four hundred forty-one dollars ($441) and (2) not less than
seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury.
In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1991, and before
July 1, 1992, the average weekly wages are considered to be (1) not
more than four hundred ninety-two dollars ($492) and (2) not less
than seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury.
In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1992, and before
July 1, 1993, the average weekly wages are considered to be (1) not
more than five hundred forty dollars ($540) and (2) not less than
seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury.
In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1993, and before
July 1, 1994, the average weekly wages are considered to be (1) not
more than five hundred ninety-one dollars ($591) and (2) not less
than seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury.
In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to injuries occurring on and after July 1, 1994, and before
July 1, 1997, the average weekly wages are considered to be (1) not
more than six hundred forty-two dollars ($642) and (2) not less than
seventy-five dollars ($75). However, the weekly compensation
payable shall not exceed the average weekly wages of the employee
at the time of the injury.
(b) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, the
average weekly wages are considered to be:
(1) with respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672);
and
(B) not less than seventy-five dollars ($75);
(2) with respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999:
(A) not more than seven hundred two dollars ($702); and
(B) not less than seventy-five dollars ($75);
(3) with respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000:
(A) not more than seven hundred thirty-two dollars ($732);
and
(B) not less than seventy-five dollars ($75);
(4) with respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001:
(A) not more than seven hundred sixty-two dollars ($762);
and
(B) not less than seventy-five dollars ($75);
(5) with respect to injuries occurring on and after July 1, 2001,
and before July 1, 2002:
(A) not more than eight hundred twenty-two dollars ($822);
and
(B) not less than seventy-five dollars ($75); and
(6) with respect to injuries occurring on and after July 1, 2002:
(A) not more than eight hundred eighty-two dollars ($882);
and
(B) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(c) For the purpose of this section only and with respect to
injuries occurring on and after July 1, 1971, and prior to July 1,
1974, only, the term "dependent" as used in this section shall mean
persons defined as presumptive dependents under section 19 of this
chapter, except that such dependency shall be determined as of the
date of the injury to the employee.
(d) With respect to any injury occurring on and after April 1,
1955, and prior to April 1, 1957, the maximum compensation
exclusive of medical benefits, which shall be paid for an injury under
any provisions of this law or under any combination of its provisions
shall not exceed twelve thousand five hundred dollars ($12,500) in
any case. With respect to any injury occurring on and after April 1,
1957 and prior to April 1, 1963, the maximum compensation
exclusive of medical benefits, which shall be paid for an injury under
any provision of this law or under any combination of its provisions
shall not exceed fifteen thousand dollars ($15,000) in any case. With
respect to any injury occurring on and after April 1, 1963, and prior
to April 1, 1965, the maximum compensation exclusive of medical
benefits, which shall be paid for an injury under any provision of this
law or under any combination of its provisions shall not exceed
sixteen thousand five hundred dollars ($16,500) in any case. With
respect to any injury occurring on and after April 1, 1965, and prior
to April 1, 1967, the maximum compensation exclusive of medical
benefits which shall be paid for any injury under any provision of
this law or any combination of provisions shall not exceed twenty
thousand dollars ($20,000) in any case. With respect to any injury
occurring on and after April 1, 1967, and prior to July 1, 1971, the
maximum compensation exclusive of medical benefits which shall
be paid for an injury under any provision of this law or any
combination of provisions shall not exceed twenty-five thousand
dollars ($25,000) in any case. With respect to any injury occurring
on and after July 1, 1971, and prior to July 1, 1974, the maximum
compensation exclusive of medical benefits which shall be paid for
any injury under any provision of this law or any combination of
provisions shall not exceed thirty thousand dollars ($30,000) in any
case. With respect to any injury occurring on and after July 1, 1974,
and before July 1, 1976, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any
provision of this law or any combination of provisions shall not
exceed forty-five thousand dollars ($45,000) in any case. With
respect to an injury occurring on and after July 1, 1976, and before
July 1, 1977, the maximum compensation, exclusive of medical
benefits, which shall be paid for any injury under any provision of
this law or any combination of provisions shall not exceed fifty-two
thousand dollars ($52,000) in any case. With respect to any injury
occurring on and after July 1, 1977, and before July 1, 1979, the
maximum compensation, exclusive of medical benefits, which may
be paid for an injury under any provision of this law or any
combination of provisions may not exceed sixty thousand dollars
($60,000) in any case. With respect to any injury occurring on and
after July 1, 1979, and before July 1, 1980, the maximum
compensation, exclusive of medical benefits, which may be paid for
an injury under any provisions of this law or any combination of
provisions may not exceed sixty-five thousand dollars ($65,000) in
any case. With respect to any injury occurring on and after July 1,
1980, and before July 1, 1983, the maximum compensation,
exclusive of medical benefits, which may be paid for an injury under
any provisions of this law or any combination of provisions may not
exceed seventy thousand dollars ($70,000) in any case. With respect
to any injury occurring on and after July 1, 1983, and before July 1,
1984, the maximum compensation, exclusive of medical benefits,
which may be paid for an injury under any provisions of this law or
any combination of provisions may not exceed seventy-eight
thousand dollars ($78,000) in any case. With respect to any injury
occurring on and after July 1, 1984, and before July 1, 1985, the
maximum compensation, exclusive of medical benefits, which may
be paid for an injury under any provisions of this law or any
combination of provisions may not exceed eighty-three thousand
dollars ($83,000) in any case. With respect to any injury occurring
on and after July 1, 1985, and before July 1, 1986, the maximum
compensation, exclusive of medical benefits, which may be paid for
an injury under any provisions of this law or any combination of
provisions may not exceed eighty-nine thousand dollars ($89,000) in
any case. With respect to any injury occurring on and after July 1,
1986, and before July 1, 1988, the maximum compensation,
exclusive of medical benefits, which may be paid for an injury under
any provisions of this law or any combination of provisions may not
exceed ninety-five thousand dollars ($95,000) in any case. With
respect to any injury occurring on and after July 1, 1988, and before
July 1, 1989, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of
this law or any combination of provisions may not exceed one
hundred twenty-eight thousand dollars ($128,000) in any case.
With respect to any injury occurring on and after July 1, 1989,
and before July 1, 1990, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any
provisions of this law or any combination of provisions may not
exceed one hundred thirty-seven thousand dollars ($137,000) in any
case.
With respect to any injury occurring on and after July 1, 1990,
and before July 1, 1991, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any
provisions of this law or any combination of provisions may not
exceed one hundred forty-seven thousand dollars ($147,000) in any
case.
With respect to any injury occurring on and after July 1, 1991,
and before July 1, 1992, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred sixty-four thousand dollars ($164,000) in any case.
With respect to any injury occurring on and after July 1, 1992,
and before July 1, 1993, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred eighty thousand dollars ($180,000) in any case.
With respect to any injury occurring on and after July 1, 1993,
and before July 1, 1994, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred ninety-seven thousand dollars ($197,000) in any case.
With respect to any injury occurring on and after July 1, 1994,
and before July 1, 1997, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any
provisions of this law or any combination of provisions may not
exceed two hundred fourteen thousand dollars ($214,000) in any
case.
(e) The maximum compensation, exclusive of medical benefits,
that may be paid for an injury under any provision of this law or any
combination of provisions may not exceed the following amounts in
any case:
(1) With respect to an injury occurring on and after July 1,
1997, and before July 1, 1998, two hundred twenty-four
thousand dollars ($224,000).
(2) With respect to an injury occurring on and after July 1,
1998, and before July 1, 1999, two hundred thirty-four thousand
dollars ($234,000).
(3) With respect to an injury occurring on and after July 1,
1999, and before July 1, 2000, two hundred forty-four thousand
dollars ($244,000).
(4) With respect to an injury occurring on and after July 1,
2000, and before July 1, 2001, two hundred fifty-four thousand
dollars ($254,000).
(5) With respect to an injury occurring on and after July 1,
2001, and before July 1, 2002, two hundred seventy-four
thousand dollars ($274,000).
(6) With respect to an injury occurring on and after July 1,
2002, two hundred ninety-four thousand dollars ($294,000).
(Formerly: Acts 1929, c.172, s.40; Acts 1943, c.136, s.3; Acts 1945,
c.188, s.1; Acts 1949, c.243, s.4; Acts 1951, c.294, s.6; Acts 1953,
c.172, s.1; Acts 1955, c.181, s.1; Acts 1957, c.298, s.4; Acts 1959,
c.315, s.2; Acts 1963, c.387, s.12; Acts 1965, c.217, s.2; Acts 1967,
c.312, s.2; Acts 1969, c.94, s.4; Acts 1971, P.L.353, SEC.5; Acts
1974, P.L.108, SEC.13.) As amended by Acts 1976, P.L.112, SEC.3;
Acts 1977, P.L.261, SEC.3; Acts 1979, P.L.227, SEC.4; Acts 1980,
P.L.22, SEC.15; P.L.225-1983, SEC.2; P.L.223-1985, SEC.2;
P.L.95-1988, SEC.8; P.L.170-1991, SEC.9; P.L.258-1997(ss),
SEC.7; P.L.31-2000, SEC.4.
Last modified: May 27, 2006