23-1041. Basis for computing compensation; definition A. Every employee of an employer within the provisions of this chapter who is injured by accident arising out of and in the course of employment, or the employee’s dependents in the event of the employee’s death, shall receive the compensation fixed in this chapter on the basis of […]
23-1042. Basis for computing average monthly wage of minor permanently incapacitated If it is established by competent evidence that an injured employee is under eighteen years of age and his incapacity is permanent, his average monthly earning capacity shall be deemed, within the limits fixed by sections 23-1041 and 23-1046, to be the monthly amount […]
23-1043. Hernias classified for compensation purposes All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern: 1. Real traumatic hernia is an injury to the abdominal wall of sufficient severity to puncture or […]
23-1043.01. Heart-related and mental cases A. A heart-related or perivascular injury, illness or death shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter unless some injury, stress or exertion related to the employment was a substantial contributing cause […]
23-1043.02. Human immunodeficiency virus; establishing exposure; definition A. A claim for a condition, infection, disease or disability involving or related to the human immunodeficiency virus or acquired immune deficiency syndrome shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B of this section, shall be […]
23-1043.03. Hepatitis C; establishing exposure; definition A. A claim for a condition, infection, disease or disability involving or related to hepatitis C shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B of this section, shall be processed and determined under this chapter and applicable […]
23-1043.04. Methicillin-resistant staphylococcus aureus; spinal meningitis; tuberculosis; establishing exposure; definitions A. A claim for a condition, infection, disease or disability involving or related to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B of this section, shall […]
23-1044. Compensation for partial disability; computation A. For temporary partial disability there shall be paid during the period thereof sixty-six and two-thirds percent of the difference between the wages earned before the injury and the wages that the injured person is able to earn thereafter. Unemployment benefits received during the period of temporary partial disability […]
23-1045. Compensation for total disability; permanent total disability defined A. For temporary total disability the following compensation shall be paid: 1. Compensation of sixty-six and two-thirds per cent of the average monthly wage shall be paid during the period of disability. 2. If there are persons dependent for support upon the employee, compensation shall be […]
23-1046. Death benefits A. In case of an injury causing death, the compensation therefor shall be known as a death benefit and shall be payable in the amount, for the period, and to and for the benefit of the following: 1. Burial expenses, not to exceed five thousand dollars, in addition to the compensation. 2. […]
23-1047. Procedure for determining compensation for partial disability and permanent total disability in cases not enumerated; procedure for determining nonscheduled dependency and duration of compensation to partial dependents in death cases A. In cases of permanent partial disability under section 23-1044, subsection B, paragraph 22 and subsections C and F, when the physical condition of […]
23-1048. Reasonable accommodations; earning capacity determination; definitions A. If an employer has made reasonable accommodations pursuant to the Americans with disabilities act or other applicable federal or state law, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning capacity, notwithstanding that the modified […]
