APPENDIX B:
INJURIES ON OR AFTER 1-1-93

Total Incapacity (Section 212)

Payments for a fraction of a week shall be figured in sevenths (1/7). This calculation includes Saturday and Sunday.

Example:  Assume Hearing Officer orders employee to be paid for 16 days.

Weekly Compensation Rate x 2 2/7

= Weekly Compensation Rate x 16/7 = Amount Due

Partial Incapacity (Section 213)

Partial benefits are calculated at a rate of 80% of the difference between the employees after-tax average weekly wage before the injury and the after-tax average weekly wage after the injury. 

To calculate partial benefits:

1. Determine the 80% rate for the employees pre-injury average weekly wage using the Weekly Benefit Table in effect at the time of the employees injury.
2. Determine the 80% rate for the employees post-injury gross weekly wages using the benefit table used in step 1 above.
3. Subtract the post-injury rate from the pre-injury rate.  The difference between the post-injury rate and the pre-injury rate is the partial benefit amount due.

Example:  Assume January 1996 date of injury, pre-injury average weekly wage of $400 and married/joint with two dependents filing status. Employee returns to work part-time, earning $200 per week.

Wage               Rate (see Weekly Benefit Table in effect at the time of the employees injury)

$400                $277.50

$200                $147.76

                        $129.74 Partial Benefit Amount Due (80% net difference)

---