Construction site workers

Permanent Loss of Function, Scarring & Disfigurement Benefits

Section 36 / Benefits for Loss of Function and Disfigurement

Section 36 provides benefits for both loss of function and disfigurement. It is important to remember that for benefits to be payable, the condition and injury must be permanent. A scar that is going to fade or an impairment which will improve fully with time, is not compensable. Benefits for loss of function and scarring are multiples of the state average weekly wage (SAWW). It should also be noted that wherever possible, doctor's opinions on loss of function should be expressed in percentages pursuant to the AMA (American Medical Association) Guidelines. Scarring is only compensable if it is on the face, neck or hands. However, it should be remembered that the limitations above apply only to "scar-based" disfigurement. The use of a cane or a limp is compensable as disfigurement even though it may affect the leg. Atrophy (shrinking of a body part) even though not on the hand or face is still compensable regardless of the location.

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