Okla. Stat. tit. 85, Rule 23
Eye Impairment
Effective May 14, 2012Adopted by order of the Supreme Court, 1997 OK 130 , eff. November 1, 1997; Renumbered from former Rule 33 and amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded document available). Amended by order of the Supreme Court, 2012 OK 19, eff. March 6, 2012 (superseded document available) Amended by order of the Supreme Court, 2012 OK 46, eff. May 14, 2012. (superseded document available).
- A. The criteria for measuring and calculating the percentage of eye impairment shall be pursuant to this rule. A physician may deviate from the method of evaluation provided for in this rule or may use some other recognized method of evaluation, if the deviation or the method of evaluation is fully explained.
- B. Loss or loss of use of an eye is subject to the schedule of compensation provided in 85 O.S., Section 333(E). Industrial blindness (a visual acuity for distance of 20/200), in both eyes, constitutes statutory permanent total disability per 85 O.S., Section 308(36), regardless of the employee’s capacity for gainful employment. Permanent impairment for loss of vision in one eye shall not be converted to the body as a whole. Permanent impairment for loss of vision in both eyes may be combined into impairment to the body as a whole only if the physician rates the loss of each eye separately and then evaluates the combination. It is not necessary to show the percentage of permanent impairment for loss of vision above industrial blindness since there can be no loss greater than one-hundred percent (100%).
- C. Physicians should consult the American Medical Association’s "Guides to the Evaluation of Permanent Impairment" regarding the equipment necessary to test eye function and for methods of evaluating vision loss. The following Snellen Chart may then be used to compute the percentage of visual efficiency and percentage of permanent eye impairment. Evaluation of visual impairment may be based upon visual acuity for distance and near, visual fields and ocular motility with absence of diplopia.
D. All measurements shall be based upon uncorrected vision; provided, implantation of an intraocular lens is not a "correction" to the claimant’s vision within the purview of this rule. When an artificial lens is surgically implanted to replace the removed lens, it is a permanent restorative device and determination of impairment to vision is based on anatomical or functional loss of sight remaining after the lens is implanted.
SNELLEN CHART
| Snellen Notation for distance | Snellen Notation
for near | Percentage of Visual Efficiency | Percentage Loss of Vision (Okla.) | | | Comp. Rate in Weeks (Okla.) For injuries occurring
on and after
8-26-11
|
| 20/20 |
14/14 100.0 0.0 0.0 20/25 14/17.5 95.7 4.3 11.83 20/30 14/21 91.7 8.5 23.38 20/35 14/24.5 87.5 12.5 34.38 20/40 14/28 83.6 16.4 45.10 20/45 14/31.5 80.0 20.0 55.0 20/50 14/35 76.5 23.5 64.63 20/60 14/42 69.9 30.0 82.50 20/70 14/49 64.0 36.0 99.0 20/80 14/56 58.5 41.5 114.13 20/90 14/63 53.4 46.6 128.15 20/100 14/70 48.9 51.1 140.53 20/120 14/84 40.9 59.1 162.53 20/140 14/98 34.2 65.8 180.95 20/160 14/112 28.6 71.4 196.35 20/180 14/126 23.9 76.1 209.28 20/200 14/140 20.0 100.0 275.01 (Industrial Blindness) 1 Source: 85 O.S. 2011, Section 333(E).
Adopted by order of the Supreme Court,