For the purpose of this subsection such permanency may be
  determined no later than 30 days before the expiration of 500
  weeks from the date of injury.

    3.  Specific loss benefits. In cases included in the
  following schedule, the incapacity is considered to continue
  for the period specified, and the compensation due is 80% of
  the after-tax average weekly wage subject to the maximum
  benefit set in section 211. Compensation under this subsection
  is available only for the actual loss of the following:

  F.  The loss of the first phalange of the thumb, or of any
      finger, is considered to be equal to the loss of 1/2 of
      that thumb or finger, and compensation is 1/2 of the
      amounts specified in paragraphs A to E. The loss of more
      than one phalange is considered as the loss of the entire
      finger or thumb. The amount received for more than one
      finger may not exceed the amount provided in this schedule
      for the loss of a hand;

  H.  A toe other than the great toe, 11 weeks. The loss of the
      first phalange of any toe is considered to be equal to the
      loss of 1/2 of that toe, and compensation is 1/2 of the
      amounts specified in paragraphs F and G. The loss of more
      than one phalange is considered the loss of the entire toe;

  I.  Hand, 215 weeks. An amputation between the elbow and wrist
      that is 6 or more inches below the elbow is considered a
      hand;

  J.  Arm, 269 weeks. An amputation above the point specified in
      paragraph I is considered an arm;

  K.  Foot, 162 weeks. An amputation between the knee and the
      foot 7 or more inches below the tibial table, or plateau,
      is considered a foot;

  L.  Leg, 215 weeks. An amputation above the point specified in
      paragraph K is considered a leg; and


    In case of the loss of one member while compensation is being
  paid for the loss of another member, compensation must be paid
  for the loss of the 2nd member for the period provided in this
  section. Payments for the loss of the 2nd member begin at the
  conclusion of the payments for the first member.



[  5] Gibbs contends that the plain language of section 212 entitles him to the specific loss benefit of 33 weeks for the loss of use of his finger, even though the finger was not severed from his hand. Gibbs quotes dictionary definitions of the word "actual" in the first paragraph of subsection 3 as "existing in reality or in fact," and of the word "loss" as "that which is gone and cannot be recovered." Gibbs argues that his finger is retained only for cosmetic purposes, and "for all practical and functional purposes, the body part is lost" or rendered "useless."




[  6] The employer contends that pursuant to plain language, the phrase "actual loss" means physical loss of the finger as opposed to the loss of function. The employer relies on our statement in Clark v. International Paper Co., 638 A.2d 65, 67 (Me. 1994), contrasting former section 56 of title 39 that provided presumed loss benefits for the "loss of functioning" of a specific body part with the current section 212 that requires the "actual loss" of a body part. Although the interpretation in Clark is dictum, we did carefully consider the difference between the former act and the current act, concluding that the current

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