Current through Register Vol. 49, No. 39, March 24, 2025
Subpart 1.
General.
For permanent partial impairment to the shoulder and upper
arm, disability of the whole body is as provided in subparts 2 to 4. The
percent of whole body disability under this part may not exceed the percent of
whole body disability for amputation of the arm at the shoulder. Each mutually
exclusive impairing condition must be rated separately and the ratings must be
combined as described in part 5223.0300, subpart 3, item E.
If an impairing condition is represented by a category
designated as exclusive under subpart 2, it must be rated by that category only
and that rating may not be combined with a rating under any other category of
this part for that impairing condition.
If an impairing condition is represented by a category
designated as combinable under subpart 3, it must be rated under that category
and under the appropriate categories describing loss of function under subpart
4. The ratings obtained must be combined as described in part 5223.0300,
subpart 3, item E.
If an impairing condition is not represented by a category
designated either exclusive or combinable, it must be rated only under the
appropriate categories describing loss of function under subpart 4.
Subp. 2.
Exclusive
categories.
A. Acromioclavicular
separation of the following severity:
(1)
grade 1, as defined in part 5223.0310, subpart 2, zero percent;
(2) grade 2, as defined in part 5223.0310,
subpart 3, one percent;
(3) grade
3, as defined in part 5223.0310, subpart 4, three percent.
B. Anterior or posterior shoulder
dislocation, documented by examination, imaging study, or invasive
investigation:
(1) first episode or occurring
less than three times in six months, three percent;
(2) occurring at least three times in six
months, no surgical repair, ten percent;
(3) recurring after attempted surgical
repair, ten percent;
(4) if
repaired surgically and there is no recurrence after surgical repair, the
rating is as provided under subpart 4.
C. Resection distal end of clavicle, three
percent.
D. Chronic bicipital
tendon rupture, one percent.
E.
Resection arthroplasty of the glenohumeral joint, 36 percent.
F. Painful organic syndrome, as defined in
part 5223.0310, subpart 40, not elsewhere specified and substantiated by
appropriate, consistent, and reproducible clinical or medical imaging findings
which results in persistent limitation of active range of motion but no
limitation of passive range of motion, zero percent.
Subp. 3.
Combinable categories.
A. For dates of injury from July 1, 1993,
through August 8, 2010, chronic rotator cuff tear, demonstrated by medical
imaging study, with or without surgical repair:
(1) partial thickness, two percent;
(2) full thickness, six percent.
B. Implant arthroplasty of the
glenohumeral joint, 18 percent.
C.
Fracture or dislocation involving scapula, clavicle, humerus, not otherwise
ratable under subpart 2 or 3, or part 5223.0460, zero percent.
D. For dates of injury on or after August 9,
2010, acromioplasty, zero percent.
E. For dates of injury on or after August 9,
2010, rotator cuff tear, demonstrated by medical imaging study:
(1) healed or surgically repaired with no
persistent tear, zero percent;
(2)
partial thickness tear which persists despite treatment, two percent;
(3) full thickness tear which persists
despite treatment, six percent.
Subp. 4.
Categories describing loss of
function.
Function at the shoulder is measured by the available passive
range of motion in three arcs at the shoulder: flexion or extension, abduction
or adduction, and rotation. Examination with goniometer is performed to
determine the limits of passive range of motion in each arc. If there is an
impairment in more than one arc, the ratings for each arc are added to
determine the final impairment for loss of function.
A. Extent of range of flexion or extension:
(1) extension is greater than zero degrees
and flexion is:
(a) to greater than 150
degrees, zero percent;
(b) to
between 121 degrees and 150 degrees, three percent;
(c) to between 101 degrees and 120 degrees,
five percent;
(d) to between 51
degrees and 100 degrees, eight percent;
(e) to between zero degrees and 50 degrees,
12.5 percent;
(f) to less than zero
degrees, that is, there is an extension contracture, 18 percent;
(2) extension is limited to
between zero and nine degrees flexion, that is, there is a flexion contracture,
and flexion is:
(a) to greater than 150
degrees, zero percent;
(b) to
between 121 degrees and 150 degrees, three percent;
(c) to between 101 degrees and 120 degrees,
five percent;
(d) to between 51
degrees and 100 degrees, eight percent;
(e) to less than 51 degrees, 12.5
percent;
(3) extension
is limited to between ten degrees and 50 degrees flexion, that is, there is a
flexion contracture, and flexion is:
(a) to
greater than 150 degrees, two percent;
(b) to between 121 degrees and 150 degrees,
five percent;
(c) to between 101
degrees and 120 degrees, seven percent;
(d) to between 51 degrees and 100 degrees,
ten percent;
(e) to less than 51
degrees, 14.5 percent;
(4) extension is limited to between 51
degrees and 100 degrees flexion, that is, there is a flexion contracture, and
flexion is:
(a) to greater than 150 degrees,
eight percent;
(b) to between 121
degrees and 150 degrees, 11 percent;
(c) to between 101 degrees and 120 degrees,
13 percent;
(d) to less than 101
degrees, 16 percent;
(5)
extension is limited to between 101 degrees and 150 degrees flexion, that is,
there is a flexion contracture, and flexion is:
(a) to greater than 150 degrees, 14.5
percent;
(b) to between 121 degrees
and 150 degrees, 17.5 percent;
(c)
to less than 121 degrees, 18 percent;
(6) extension is limited to greater than 150
degrees flexion, that is, there is a flexion contracture, and flexion is to
greater than 150 degrees, 18 percent;
(7) ankylosis, as defined in part 5223.0310,
subpart 7, in flexion or extension occurs:
(a) in extension, 18 percent;
(b) between zero degrees and 50 degrees of
flexion, 14.5 percent;
(c) between
51 degrees of flexion and 100 degrees of flexion, 16 percent;
(d) at greater than 100 degrees of flexion,
18 percent.
B. Extent of range of abduction or adduction:
(1) adduction is greater than zero degrees
and abduction is:
(a) to greater than 150
degrees, zero percent;
(b) to
between 121 degrees and 150 degrees, three percent;
(c) to between 81 degrees and 120 degrees,
eight percent;
(d) to less than 81
degrees, 11 percent;
(2)
adduction is limited to between zero and nine degrees abduction, that is, there
is an abduction contracture, and abduction is:
(a) to greater than 150 degrees, zero
percent;
(b) to between 121 degrees
and 150 degrees, three percent;
(c)
to between 81 degrees and 120 degrees, eight percent;
(d) to less than 81 degrees, 11
percent;
(3) adduction
is limited to between ten degrees and 80 degrees abduction, that is, there is
an abduction contracture, and abduction is:
(a) to greater than 150 degrees, two
percent;
(b) to between 121 degrees
and 150 degrees, five percent;
(c)
to between 81 degrees and 120 degrees, ten percent;
(d) to less than 81 degrees, 11
percent;
(4) adduction
is limited to greater than 80 degrees abduction, that is, there is an abduction
contracture, 11 percent;
(5)
ankylosis, as defined in part 5223.0310, subpart 7, in abduction or adduction
occurs:
(a) in adduction, 11
percent;
(b) between zero degrees
and 80 degrees of abduction, six percent;
(c) at greater than 80 degrees, 11
percent.
C.
Extent of range of rotation:
(1) external
rotation is greater than 40 degrees and internal rotation is:
(a) to greater than 20 degrees, zero
percent;
(b) to between zero
degrees and 20 degrees, one percent;
(c) limited to between zero degrees and nine
degrees external rotation, that is, there is an external rotation contracture,
one percent;
(d) limited to between
ten degrees and 40 degrees external rotation, that is, there is an external
rotation contracture, three percent;
(e) limited to greater than 40 degrees
external rotation, that is, there is an external rotation contracture, seven
percent;
(2) external
rotation is limited to between ten degrees and 40 degrees and internal rotation
is:
(a) to greater than 20 degrees, one
percent;
(b) to between zero
degrees and 20 degrees, two percent;
(c) limited to between zero degrees and nine
degrees external rotation, that is, there is an external rotation contracture,
two percent;
(d) limited to between
ten degrees and 40 degrees external rotation, that is, there is an external
rotation contracture, four percent;
(3) external rotation is limited to between
zero degrees and nine degrees and internal rotation is:
(a) to greater than 20 degrees, one
percent;
(b) to between zero
degrees and 20 degrees, two percent;
(c) limited to between one degree and nine
degrees external rotation, that is, there is an external rotation contracture,
two percent;
(4)
external rotation is limited to between one degree and 20 degrees internal
rotation, that is, there is an internal rotation contracture, and internal
rotation is:
(a) to greater than 20 degrees,
three percent;
(b) to between one
degree and 20 degrees, four percent;
(5) external rotation is limited to greater
than 20 degrees internal rotation, that is, there is an internal rotation
contracture, and internal rotation is to greater than 20 degrees, seven
percent;
(6) ankylosis, as defined
in part 5223.0310, subpart 7, in rotation occurs:
(a) at greater than 20 degrees of internal
rotation, seven percent;
(b)
between 20 degrees of internal rotation and 40 degrees of external rotation,
four percent;
(c) at greater than
40 degrees of external rotation, seven percent.
Statutory Authority: MS s
176.105