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WORKERS' COMPENSATION
PARTIAL INCAPACITY BENEFITS
If you have an earning capacity, but have not been cleared by your doctor to return to full duty, you may qualify for partial benefits for a maximum of 260 weeks. For certain types of severe incapacity, you may receive benefits for up to 520 weeks.
Partial incapacity payments equal 60 percent of the difference between your average weekly wage prior to your injury and the weekly wages you are now capable of earning. The maximum compensation under this section of the law is limited to 75 percent of what your weekly total temporary benefits would be. For example, if you would receive $440 a week as a total temporary benefit, the most you could receive if you collected partial benefits would be $330 a week.
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