Current through Register Vol. 49, No. 13, September 23, 2024
This part may be used only for the rating of preexisting
impairments for determining apportionment under Minnesota Statutes, section
176.101,
subdivision 4a. Ratings of permanent partial disability under Minnesota
Statutes, section
176.101,
subdivisions 3a and 3b, shall be determined under parts
5223.0300 to
5223.0310 and
5223.0320 to
5223.0650. If an impairment is
subject to apportionment under Minnesota Statutes, section
176.101,
subdivision 4a, the rating for the impaired condition under a category of the
schedules of parts
5223.0300 to
5223.0650 must be reduced as
provided in this part. As used in this part, "impaired condition" includes the
preexisting impairment.
A. This part
applies where the preexisting impairment has not been rated and neither item B
nor C is applicable.
(1) The preexisting
impairment must be rated under a category of the schedules of parts
5223.0300 to
5223.0650.
(2) The whole body disability rating assigned
to the impaired condition of the member by the schedules of parts
5223.0300 to
5223.0650 must be reduced by the
rating assigned to the preexisting impairment of the member in subitem
(1).
(3) For example, the medical
report establishes a preexisting amputation of the great toe at the
metatarsophalangeal joint. This condition is a five percent preexisting
disability to the body as a whole under part
5223.0550, subpart
1, item K, subitem (2). The
new work-related condition is an amputation of the rest of the toes of the same
foot at the metatarsophalangeal joints, best rated at eight percent disability
to the body as a whole under part
5223.0550, subpart
1, item J, which rates the
disability for amputation of all toes at metatarsophalangeal joint. The
disability rating of eight percent must therefore be adjusted for the
preexisting condition, which is a lesser included category. This is done by
subtracting five percent for the preexisting condition from eight percent for
the overall condition. Payment is made for the resulting three percent
disability rating at the rate appropriate for the overall disability rating of
eight percent in this example.
B. This item applies if the preexisting
impairment of a member has been rated in another proceeding or state and the
rating represents a percentage of disability to the whole body. The rating of
the impaired condition under a category of these schedules shall be reduced by
the rating assigned to the preexisting impairment of the member.
C. This item applies if the injury producing
the preexisting impairment occurred prior to January 1, 1984, and the
preexisting impairment is governed by Minnesota Statutes, section
176.101,
subdivision 3; or if Minnesota Statutes, chapter 176, is inapplicable, the
rating represents a percentage of disability of a member, and the rating was
made prior to the current injury.
(1) From
Table 1, determine the maximum whole body disability assignable to the
preexisting impairment. Use Table 2 if impairment to an internal organ is rated
as a percentage of disability to the particular organ rather than a percentage
of disability to the internal organs as a whole. If the preexisting impairment
is not listed in Table 1 or Table 2, the maximum whole body disability is the
maximum disability assigned to the affected member by the schedules of parts
5223.0300 to
5223.0650.
Table 1
| Member
|
Conversion Factor for Maximum Whole Body Disability
(Percent)
|
| Thumb |
16 |
| Index finger |
9 |
| Middle finger |
9 |
| Ring finger |
4 |
| Little finger |
4 |
| Great toe |
5 |
| Lesser toe |
1 |
| Hand |
54 |
| Hand and wrist |
54 |
| Arm |
60 |
| Foot |
21 |
| Foot and ankle |
26 |
| Leg |
40 |
| Eye |
24 |
| Eyes (both) |
85 |
| Hearing loss (one ear) |
6 |
| Hearing loss (both ears) |
35 |
| Back |
71 |
| Voice |
70 |
| Burns and skin impairments, including disfigurement |
70 |
| Internal organs, excluding brain |
85 |
| Brain |
100 |
| Head |
20 |
Table 2
| Member
|
Conversion Factor for Maximum Whole Body Disability
(Percent)
|
| Stomach |
65 |
| Pancreas |
65 |
| Colon |
50 |
| Spleen |
0 |
| Bladder |
30 |
| Sexual organs or function |
20 |
| Circulatory system |
90 |
| Heart |
85 |
| Lungs |
85 |
| Liver |
75 |
| Solitary kidney |
10 |
| Kidney, excluding solitary kidney |
77 |
(2)
Multiply the prior rating of the member's preexisting impairment by the maximum
whole body disability determined in subitem (1). If a disputed rating has been
closed out to a stipulated rating but payments were made on a different rating,
the rating for purposes of this part is the closed-out rating.
(3) Subtract the percentage amount determined
in subitem (2) from the whole body disability rating assigned to the impaired
condition of the member by the schedules of parts
5223.0300 to
5223.0650. The remainder is the
amount due for the impaired condition after apportionment for the preexisting
impairment.
(4) For example, a
pre-1984 back injury was rated at 25 percent of the back. The whole body
disability attributable to this injury is 25 percent multiplied by 71 percent,
which equals 17.75 percent. After 1984, a second back injury is rated at 24.5
percent under parts
5223.0300 to
5223.0650 (24.5 percent minus
17.75 percent equals 6.75 percent). Six and three-fourths (6.75) percent is the
amount assigned to the impaired condition after apportionment.
D. If Minnesota Statutes, sections
176.101,
subdivision 4a, and 176.105, subdivision 4, paragraph (c), apply, apportionment
must be determined according to subitems (1) and (2).
(1) For each impairing condition, determine
the percentage of whole body disability under items A to C, as
appropriate.
(2) Combine the
percentages obtained in subitem (1) as described in part
5223.0300, subpart
3, item E. Before the next
application of the formula, the result of an application of the formula must be
stated as a decimal, not as a percentage, that is rounded up or down to four
decimal places.
Statutory Authority: MS s
176.105
