2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 254c. Income benefits
(a) Income benefits for temporary total disability shall be 66 ⅔ percent of the employee's weekly wage rate at the time of injury, not to exceed 66 ⅔ percent of the average weekly wage of the Virgin Islands nor be less than $60.00 a week, except that if the wages earned were less than $60.00 a week, the benefits shall be awarded in a sum equal to said wages. Income benefits under this subsection shall be paid for the total period of temporary total or partial disability as supported by medical evidence including unemployed periods spent waiting for prostheses in case of bodily losses. Income benefits shall be paid for temporary partial disability equal to 66 ⅔ percent of the difference between the weekly wage rate at the time of injury and the wages, if any, earned by the injured worker during his partial disability, limited to the minimum and maximum as set forth by this subsection, payable weekly or as the Administrator may order. An employee shall not be entitled to compensation for disability as above for any period during which he received from his employer full wages or wages not less than the compensation rate provided above; provided, however, that an insured employer shall be entitled to reimbursement for wages paid the employee which said employee would otherwise have been entitled to receive as benefits hereunder.
(b) Scheduled income benefits for permanent partial disability, provided that such disability is a consequence of the injury, shall be 66 ⅔ percent of the average weekly wage rate in the Virgin Islands, payable weekly or as the Administrator may order. Scheduled income benefits shall be in addition to income benefits, and rehabilitation income benefits under this section and section 245b respectively, and shall be paid pursuant to the following schedule:
| Bodily Losses | Weeks of Payment | |
| (1) | Foot | 200 |
| (2) | Leg | 250 |
| (3) | Hand | 200 |
| (4) | Arm | 250 |
| (5) | Eye | 250 |
| (6) | A testicle | 180 |
| (7) | Both testicles | 250 |
| (8) | Penis | 270 |
| (9) | Penis and both testicles | 270 |
| (10) | Total loss of hearing in one ear | 180 |
| (11) | Total loss of hearing in both ears | 250 |
| (12) | Thumb | 150 |
| (13) | Index finger | 100 |
| (14) | Middle finger | 100 |
| (15) | Ring finger | 100 |
| (16) | Little finger | 100 |
| (17) | Great toe | 100 |
| (18) | Toe other than great toe | 100 |
| (19) | One breast | 180 |
| (20) | Both breasts | 270 |
(21) Phalanges: For the loss of distal phalanx, one half of the benefits for the loss of the entire digit. For loss of more than one phalanx of a digit, the same as for loss of entire digit.
(22) Amputated arm or leg: For an arm or leg amputated at or above the elbow or knee, shall be the same as for the loss of the arm or leg, but if amputated below the elbow or knee, shall be the same as for the loss of a hand or foot.
(23) Two or more digits: For loss of two or more digits, or one or more phalanges of two or more digits on a hand or foot, scheduled income benefits may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the scheduled income benefits for the loss of a hand or foot.
(24) Total loss of use: Scheduled income benefits for permanent total loss of use shall be the same as for the loss of a member.
(25) Partial loss or partial loss of use: Scheduled income benefits for permanent partial loss of use of a member, or vision or hearing shall be for a period proportionate to the benefits payable for the total loss of the member, or vision or hearing.
(26) In any case where there is a loss or loss of use of more than one member or parts of more than one member, scheduled income benefits shall run consecutively, except that where the injury sustained affects only two or more digits of the same hand or foot, benefits may be paid as set forth in paragraph (21) of this subsection.
(27) Other losses: Proper and equitable scheduled income benefits shall be paid for serious permanent disfigurement of face, head, neck or other area normally exposed and for loss of function of a major member or organ when such disfigurement or loss is a kind likely to handicap the employee in securing or holding employment, not to exceed 100 weeks, in addition to other scheduled income benefits payable under this section. However, where scheduled benefits are paid or payable for a particular member or organ, no additional benefits shall be paid under this paragraph.
(28) In any case of total loss or partial loss or loss of use of a member or organ, or hearing or vision, or in any case of disfigurement, determination of the period for which scheduled income benefits are payable shall not be made until the maximum of hearing and of restoration of function has been attained.
(29) Occupational deafness: No claim for scheduled income benefits for occupational deafness shall be filed until the lapse of six full calendar months after the termination of exposure to harmful noise in employment.
(30) The experience rating of no employer shall be affected by the payment of scheduled income benefits for occupational deafness unless the employee claiming benefits shall have worked for such employer in employment exposing the employee to harmful noise for a total period of at least 90 days.
(31) No consideration shall be given to the question of whether or not the ability of an employee seeking compensation under this subsection to understand speech is improved by the use of a hearing aid.
(32) Occupational deafness shall be evaluated as to percentage of loss utilizing accepted medical standards.
(33) Compensation for any other permanent partial disability not scheduled shall be determined on the basis of such scheduled disability as it resembles most, and compensation shall be awarded for a similar number of weeks.
(34) Compensation for back and internal injuries: Proper and equitable scheduled income benefits shall be paid for back, internal and other trunk injuries where there exists some degree of permanent partial disability, where medical evaluation places the permanent functional loss with that of the whole body. The product obtained by multiplying the percentage of functional loss by 200 weeks shall equal the number of weeks of scheduled income benefits, rounded off to the nearest number of weeks, except that such injuries, if not medically evaluated as to percentage of functional loss, shall be awarded equitably as the Administrator may determine, but not in excess of 200 weeks.
(35) Benefits for temporary or permanent, total or partial disability shall be paid in addition to rehabilitation income benefits. Medical rehabilitation shall be the first step in benefits to the injured worker, and during the healing period, disability income benefits are payable. After the healing period scheduled income benefits may be paid for bodily losses (permanent partial disability), then rehabilitation income benefits may be paid for vocational rehabilitation, except that scheduled income benefits shall be suspended while the employee is receiving rehabilitation income benefits and resumed, without reduction in the number of weeks of eligibility, when rehabilitation income benefits payment are terminated.
(36) When an employee who is receiving scheduled income benefits dies from any cause, whether related to the injury or not, the unpaid portion of those benefits shall be paid to his dependent relatives, if any, in the manner provided in section 254(i) hereof. If no dependent relative is discovered and the death is unrelated to the injury, said benefits shall lapse as of the date of death.
(37) When an employee receiving scheduled income benefits hereunder becomes mentally incompetent, and such incompetence is adjudged as provided in Title 19, chapter 45 of this Code, his benefits shall be paid to his guardian or other legal representative until such time as he recovers.
(38) Unless otherwise authorized by this chapter, lump sum payments may not be made unless the employee is entitled to receive scheduled income benefits for 5 weeks or less.
(c) [Deleted.]
(d) Disability income benefits and scheduled income benefits are in addition to rehabilitation income payments and are to be paid after rehabilitation income payments have ceased. If for any reason it is determined that additional medical or vocational rehabilitation is warranted after disability or scheduled income benefit payments have begun, the Administrator may order a continuance of rehabilitation income benefits during the payment of which disability income and scheduled income benefits payments are to temporarily cease.
(e) When an employee, who has sustained disability compensable as a scheduled income benefit, and who has filed a valid claim in his lifetime, dies from causes other than the injury before expiration of the compensable period specified, the income benefits specified and unpaid at the individual's death, whether or not accrued or due at his death, shall be paid, under an award made before or after such death, for the period specified in this subsection, to and for the benefit of the persons within the classes at the time of death and in the proportions and upon the conditions specified in the provisions for death benefits.
(f) Unless otherwise authorized by this chapter, lump sum payments may not be authorized under this section unless the employee is entitled to receive 5 or less weeks of scheduled benefits.
