Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Total loss.
For permanent partial impairment to the peripheral nerves,
plexuses, and nerve roots of the upper extremities resulting from nerve injury
or disease and if there is loss of sensory function for those particular
portions of the body served by the peripheral nerve, plexus, or root, the
disability of the whole body is as provided in subparts
2 to
7.
A. Total or complete sensory loss means that
there is no preserved sensation.
B.
If injury to a nerve, plexus, or nerve root results only in motor loss, the
rating is as provided in part
5223.0400.
C. If motor loss occurs together with sensory
loss, then the rating under this part may be combined as described in part
5223.0300, subpart
3, item E, with the rating
under part
5223.0400.
Subp. 2.
Peripheral nerve.
There is total or complete sensory loss of the peripheral
nerve, and signs or symptoms of organic disease or injury are present, and
there is anatomic loss or alteration:
A. in the distribution of the axillary, one
percent;
B. in the distribution of
the medial antebrachial cutaneous, two percent;
C. in the distribution of the medial brachial
cutaneous, two percent;
D. in the
distribution of the musculocutaneous, one percent;
E. in the distribution of the radial, three
percent;
F. in the distribution of
the suprascapular, three percent;
G. in the distribution of the median, 24
percent; or
H. in the distribution
of the ulnar:
(1) entire distribution, ten
percent;
(2) dorsal ulnar sensory
nerve only, three percent;
(3)
ulnar digital nerve to the fifth finger only, both proximal and distal to the
metacarpophalangeal joint of the fifth finger, 5.5 percent, if only distal to
the metacarpophalangeal joint, the rating is as provided in subpart
6, item A, subitem
(5).
Subp. 3.
Brachial plexus.
There is total or complete sensory loss of the brachial
plexus, and signs or symptoms of organic disease or injury are present, and
there is anatomic loss or alteration:
A. in the distribution of the entire plexus,
unilateral, 60 percent;
B. in the
distribution of the upper trunk, 15 percent;
C. in the distribution of the middle trunk,
three percent;
D. in the
distribution of the lower trunk, 12 percent.
Subp. 4.
Nerve root.
There is total or complete sensory loss of the nerve root,
and signs or symptoms of organic disease or injury are present, and there is
anatomic loss or alteration:
A. in the
distribution of the C5 nerve root, three percent;
B. in the distribution of the C6 nerve root,
12 percent;
C. in the distribution
of the C7 nerve root, seven percent;
D. in the distribution of the C8 nerve root,
ten percent;
E. in the distribution
of the T1 nerve root, three percent.
Subp. 5.
Partial loss.
Partial loss means that there is incomplete sensory loss.
Partial loss is rated at 25 percent of the percentages assigned in subparts
2 to
4 except as provided for in
subpart
6 in regard to sensory loss
in the digits.
Subp. 6.
Loss of sensation in the digits.
A. Total sensory loss in the digits: signs or
symptoms of organic disease or injury are present, and there is anatomic loss
or alteration, and sensory loss is confined to the digits and not part of a
larger sensory loss rated in subpart
2,
3, or
4.
(1) Loss of sensation in the thumb:
(a) whole, 10.5 percent;
(b) radial side distal to the
metacarpophalangeal joint, four percent;
(c) ulnar side distal to the
metacarpophalangeal joint, 6.5 percent.
(2) Loss of sensation in the index finger:
(a) whole, 5.5 percent;
(b) radial side distal to the
metacarpophalangeal joint, whole, 3.5 percent;
(c) ulnar side distal to the
metacarpophalangeal joint, two percent.
(3) Loss of sensation in the middle finger:
(a) whole, 5.5 percent;
(b) radial side distal to the
metacarpophalangeal joint, 3.5 percent;
(c) ulnar side distal to the
metacarpophalangeal joint, two percent.
(4) Loss of sensation in the ring finger:
(a) whole, three percent;
(b) radial side distal to the
metacarpophalangeal joint, two percent;
(c) ulnar side distal to the
metacarpophalangeal joint, one percent.
(5) Loss of sensation in the little finger:
(a) whole, three percent;
(b) radial side distal to the
metacarpophalangeal joint, one percent;
(c) ulnar side distal to the
metacarpophalangeal joint, two percent.
B. Sensory loss distal to proximal
interphalangeal joint, 75 percent of the value as provided in item A, either
whole, radial side, or ulnar side as applicable.
C. Sensory loss distal to the middle of the
distal phalanx, 50 percent of the value as provided in item A, either whole,
radial side, or ulnar side as applicable.
D. The levels of sensory loss in the digits
and the corresponding disabilities of the whole body are measured as follows:
(1) minimal, two-point discrimination at six
millimeters or less, zero percent;
(2) moderate, two-point discrimination
greater than six millimeters, one-half of the value in item A;
(3) severe, two-point discrimination at
greater than ten millimeters, three-fourths of the value in item A;
(4) total, two-point discrimination at
greater than 15 millimeters, the same value as in item A.
Subp. 7.
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
