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 percent of the average monthly wage shall be paid during the period of disability.

2. If there are persons dependent for support on the employee, compensation shall be paid as provided in this section, with an additional allowance of $100 per month for such dependents during the period of disability. The additional allowance shall not be based on a per capita number of dependents but shall reflect a total monthly benefit increase of exactly $100.

B. For permanent total disability, compensation of sixty-six and two-thirds percent of the average monthly wage shall be paid during the life of the injured person.

C. In the absence of proof to the contrary, disability shall be deemed total and permanent if caused by:

1. The total and permanent loss of sight of both eyes.

2. The loss by separation of both feet.

3. The loss by separation of both hands.

4. An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

5. An injury to the skull resulting in incurable imbecility or insanity.

6. The loss by separation of one hand and one foot.

D. The enumeration in this section is not exclusive, and in all other cases permanent total disability shall be determined in accordance with the facts and in accordance with section 23-1047.