Merchant Seamen Compensation Act

Marginal note:Permanent partial disability

• 37 (1) Where permanent partial disability of a seaman results from an injury, the impairment of earning capacity of the seaman shall be estimated from the nature and degree of the injury, and the compensation shall be a weekly payment during the lifetime of the seaman in the same proportion to the weekly payment payable under section 36 as the impairment of earning capacity is to total earning capacity.

• Marginal note:Idem

  (2) Where the Board deems it more equitable, the Board may award compensation for permanent partial disability, having regard to the difference between the average weekly earnings of the seaman before the accident and the average amount that he is earning or is able to earn in a suitable employment or business after the accident, and the compensation may be a weekly payment of seventy-five per cent of the difference, and regard shall be had to the seaman’s fitness to continue the employment in which he was injured or to adapt himself to some other suitable occupation.

• Marginal note:Rating schedule

  (3) The Board may compile a rating schedule of percentages of impairment of earning capacity for specified injuries or mutilations that may be used as a guide in determining the compensation payable in permanent partial disability cases.

• Marginal note:Fixed amount

  (4) Notwithstanding subsections (1) and (2), where the impairment of earning capacity of the seaman does not exceed ten per cent of his earning capacity, instead of a weekly payment payable under those subsections, the Board may, unless the Board is of the opinion that it would not be to the advantage of the seaman to do so, fix an amount to be paid to the seaman as full compensation therefor and pay him the amount either in one sum or in periodic payments as the Board may direct.