Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General.
For permanent partial impairment to the peripheral nerves,
plexuses, and nerve roots of the upper extremity resulting from nerve injury or
disease, and if there is total loss of motor function for those particular
portions of the body served by the peripheral nerve, plexus, or nerve root,
disability to the whole body is as provided in subparts
2 to
6.
A. Total or complete motor loss means that
motor function is less than muscle strength grade 2/5.
B. If injury to a nerve, plexus, or nerve
root results only in sensory loss, the rating is as provided in part
5223.0410.
C. If motor loss occurs together with sensory
loss, the rating under this part may be combined as described in part
5223.0300, subpart
3, item E, with the rating
under part
5223.0410.
D. The ratings in this part include the
rating of the impairment due to any restriction of range of motion or ankylosis
at any joint of the affected member that is strictly the result of the nerve
lesion and no further rating for those losses shall be combined with ratings
under this part.
Subp.
2.
Peripheral nerve.
There is total or complete motor loss of the peripheral
nerve, and signs or symptoms of organic disease or injury are present, and
there is anatomic loss or alteration:
A. median nerve:
(1) entire motor distribution involved, 33
percent;
(2) involving the flexor
pollicis longus, flexor digitorum profundus (index), flexor digitorum
superficialis, pronator quadratus, and intrinsic muscles of the hand, 21
percent;
(3) involving the flexor
pollicis longus, flexor digitorum profundus (index), and pronator quadratus
(anterior interosseous syndrome), 15 percent;
B. radial nerve:
(1) entire motor distribution, 25
percent;
(2) with sparing of
triceps, 22 percent;
(3) with
sparing of triceps and wrist extensors, 15 percent;
C. ulnar nerve:
(1) entire motor distribution involved, 25
percent;
(2) only intrinsic muscles
of the hand involved, 18 percent;
D. anterior thoracic nerve, three
percent;
E. axillary nerve, 21
percent;
F. dorsal scapular nerve,
three percent;
G. long thoracic
nerve, nine percent;
H.
musculocutaneous nerve, 15 percent;
I. subscapular nerve, three
percent;
J. suprascapular nerve, 15
percent;
K. thoracodorsal nerve,
three percent;
L. spinal accessory
nerve, six percent.
Subp.
3.
Brachial plexus.
There is total or complete motor loss of the brachial plexus,
and signs or symptoms of organic disease or injury are present, and there is
anatomic loss or alteration:
A. upper
trunk (C5, C6), 42 percent;
B.
middle trunk (C7), 21 percent;
C.
lower trunk (C8, T1), 42 percent;
D. entire plexus, unilateral, 60
percent.
Subp. 4.
Nerve root.
There is total or complete motor loss of the nerve root, and
signs or symptoms of organic disease or injury are present, and there is
anatomic loss or alteration:
A. C5
root, 18 percent;
B. C6 root, 21
percent;
C. C7 root, 21
percent;
D. C8 root, 27
percent;
E. T1 root, 12
percent.
Subp. 5.
Incomplete loss.
Incomplete loss means that motor function is less than normal
but at least antigravity. Motor function is measured in the specific muscles
innervated by the injured or diseased nerve, plexus trunk, or nerve root, and
muscle strength is graded as follows:
A. 5/5: majority of the tested muscles able
to sustain contraction against expected resistance;
B. 4/5: majority of the tested muscles unable
to sustain contraction against expected resistance but able to sustain
contraction against some applied resistance;
C. 3/5: majority of the tested muscles unable
to sustain contraction against any applied resistance but able to move part
through full range of motion against gravity;
D. 2/5: majority of the tested muscles able
to move part through full range of motion with gravity eliminated.
The rating for incomplete loss is made on the muscle strength
grade of the majority of the affected muscles:
(1) muscle strength grade 5/5, zero
percent;
(2) muscle strength grade
4/5, 25 percent of rating assigned in subpart
2,
3, or
4;
(3) muscle strength grade 3/5, 50 percent of
rating assigned in subpart
2,
3, or
4;
(4) muscle strength grade 2/5, 75 percent of
rating assigned in subpart
2,
3, or
4;
(5) muscle strength grade less than 2/5, 100
percent of rating assigned in subpart
2,
3, or
4.
Subp. 6.
Complex regional
pain syndrome, reflex sympathetic dystrophy, causalgia, and cognate
conditions.
This subpart applies to dates of injury from July 1, 1993,
through August 8, 2010. For dates of injury on or after August 9, 2010, rate
complex regional pain syndrome, reflex sympathetic dystrophy, causalgia, and
cognate conditions as provided under part
5223.0435. For purposes of rating
under this part, reflex sympathetic dystrophy, causalgia, and cognate
conditions are deemed to occur in a member if at least five of the following
conditions persist concurrently in that member: edema, local skin color change
of red or purple, osteoporosis in underlying bony structures demonstrated by
radiograph, local dyshidrosis, local abnormality of skin temperature
regulation, reduced passive range of motion in contiguous or contained joints,
local alteration of skin texture of smooth or shiny, or typical findings of
reflex sympathetic dystrophy on bone scan.
If reflex sympathetic dystrophy is present and persistent
despite treatment, the permanent partial disability, rating from the most
proximal joint of the involved member, is:
A. mild: meets the requirements of this
subpart, 25 percent of the rating for the appropriate category in part
5223.0540;
B. moderate: meets the requirements of this
subpart and the involved member is limited to a helping role in bilateral upper
extremity activities, 50 percent of the rating for the appropriate category in
part
5223.0540;
C. severe: meets the requirements of this
subpart and the involved member cannot be used for most of the activities of
daily living, 75 percent of the rating for the appropriate category in part
5223.0540.
Statutory Authority: MS s
176.105
