Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General.
For permanent partial impairment to the thoracic spine,
disability of the whole body is as provided in subparts
2 to
4. The impairing condition in
the thoracic spine resulting from an injury may be rated only under one
category of subpart
2,
3, or
4. Categories from more than
one of subpart
2,
3, or
4 cannot be used in rating
the impairing condition resulting from a single injury. Categories in subparts
2 to
4 may not be combined or
added together in rating the extent of impairment due to a single injury except
as specifically provided. Categories in other subparts may be combined with the
rating under subpart
3 or
4 as specifically provided in
this part.
If any injury has resulted in mutually exclusive impairing
conditions in other areas of the spine, such as cervical spine, under part
5223.0370, or lumbar spine, under
part
5223.0390, the mutually exclusive
impairing conditions must be rated separately and then all ratings combined as
described in part
5223.0300, subpart
3, item E.
A. Permanent partial disability due to injury
of the spinal cord is as provided in part
5223.0360, subpart 6, and may be
combined with ratings under subpart
2.
B. Permanent partial impairment due to
bladder dysfunction is as provided in part
5223.0600, subpart 3, and may be
combined with ratings under this part.
C. Permanent partial impairment due to sexual
dysfunction is as provided in part
5223.0600, subparts 6 and 9, and
may be combined with ratings under this part.
D. Permanent partial impairment due to anal
dysfunction is as provided in part
5223.0590, subpart
4, and may be combined with
ratings under this part.
Subp.
2.
Fractures.
A.
Compression fracture of vertebral body, with no involvement of posterior
elements, one or more vertebral bodies is rated by the greatest loss of
vertebral height among the involved segments:
(1) decrease of no more than ten percent of
vertebral height in any vertebral segment, zero percent;
(2) decrease of greater than ten percent but
less than or equal to 25 percent in vertebral height in at least one vertebral
segment, four percent;
(3) decrease
in vertebral height is greater than 25 percent but less than or equal to 50
percent in at least one vertebral segment, 10.5 percent;
(4) decrease of greater than 50 percent in
vertebral height in at least one vertebral segment, 15 percent.
B. Vertebral fractures involving
posterior elements and X-ray evidence of dislocation regardless of vertebral
compression of any degree:
(1) normal
reduction and no surgery required, 10.5 percent;
(2) surgery performed and normal reduction
achieved, 14 percent;
(3) no
surgery performed and reduction is not normal, 15 percent;
(4) surgery performed with poor reduction, 19
percent.
C. Any other
documented acute fracture other than as specified in item A or B, four
percent.
D. For fractures of
multiple vertebral levels, add three percent, regardless of the number of
levels involved, to item A, B, or C as otherwise applicable.
Subp. 3.
Thoracic pain
syndrome.
A. Symptoms of pain or
stiffness in the region of the thoracic spine not substantiated by persistent
objective clinical findings, regardless of radiographic findings, zero
percent.
B. Symptoms of pain or
stiffness in the region of the thoracic spine, substantiated by persistent
objective clinical findings, that is, involuntary muscle tightness in the
paradorsal muscles, regardless of radiographic abnormality, 2.5
percent.
Subp. 4.
Radicular syndromes.
A.
Radicular pain or radicular paresthesia, as defined in part
5223.0310, subparts 43 and 44,
with or without thoracic pain syndrome, not substantiated by persistent
objective clinical findings, regardless of radiographic findings, zero
percent.
B. Radicular pain or
radicular paresthesia, with or without thoracic pain syndrome, with persistent
objective clinical findings confined to the region of the thoracic spine, that
is, involuntary muscle tightness in the paradorsal muscles, but no radiographic
findings, 2.5 percent.
C. Radicular
pain or radicular paresthesia, with or without thoracic pain syndrome, with
persistent objective clinical findings confined to the region of the thoracic
spine, that is, involuntary muscle tightness in the paradorsal muscles, and
with any radiographic, myelographic, CT scan, or MRI scan abnormality not
specifically addressed elsewhere in this part, five percent.
D. Radicular pain or radicular paresthesia,
with or without thoracic pain syndrome, and myelographic, CT scan, or MRI scan
evidence of intervertebral disc bulging, protrusion, or herniation that
impinges on a thoracic nerve root, and the medical imaging findings correlate
anatomically, three percent with the addition of as many of subitems (1) to (4)
as apply, but each may be used only once:
(1)
if chronic radicular pain or radicular paresthesia persist despite treatment,
add two percent;
(2) if a surgery
is performed as part of the treatment, add two percent;
(3) for additional surgery, regardless of the
number of additional surgeries, add two percent;
(4) additional concurrent lesion on
contralateral side at same level or on either side at other level which meets
all of the criteria of this item, add three percent.
Statutory Authority: MS s
176.105
