Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General.
For permanent partial impairment to the foot and toes,
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 foot, or toe when the impairing condition is
confined to a toe under part
5223.0550. 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 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
3.
Subp. 2.
Exclusive categories.
A. Painful organic syndrome, as defined in
part
5223.0310, subpart 40, not
elsewhere specified and substantiated by appropriate, consistent, and
reproducible clinical or radiographic findings which results in persistent
limitation of active range of motion or persistent deviation of gait but no
limitation of passive range of motion, zero percent.
B. Tarsal fractures:
(1) healed with normal weight bearing, zero
percent;
(2) healed with deformity
resulting in abnormal weight bearing as evidenced by skin calluses, three
percent;
(3) nonunion, three
percent.
C. Tarsal
metatarsal fracture or dislocation:
(1)
reduced, two percent;
(2)
unreduced, five percent.
D. Metatarsal fractures:
(1) healed with normal weight bearing, zero
percent;
(2) healed with deformity
resulting in abnormal weight bearing as evidenced by skin calluses, three
percent;
(3) nonunion, two
percent.
E. Phalangeal
fractures:
(1) healed with normal weight
bearing, zero percent;
(2) healed
with deformity resulting in abnormal weight bearing as evidenced by skin
calluses or corns, one percent.
Subp. 3.
Categories describing loss of
function.
Function of the toes is the availability of passive motion at
the joints. When there is more than one impairment to a toe, combine the
separate disabilities for the final rating. If there is impairment to more than
one toe, add the separate disabilities of each toe for the final rating for
loss of function.
A. Ankylosis, as
defined in part
5223.0310, subpart 7, of the
interphalangeal joint of the great toe:
(1)
between neutral position and 20 degrees of flexion, one percent;
(2) at greater than 20 degrees of flexion, or
in extension, four percent.
B. Ankylosis of the metatarsophalangeal joint
of the great toe as determined by standing in a barefoot lateral projection
X-ray and through being measured of the proximal phalanx from the
weight-bearing surface:
(1) between neutral
position and 20 degrees of dorsiflexion, three percent;
(2) in plantar flexion, five
percent;
(3) at greater than 20
degrees of dorsiflexion, five percent.
C. Ankylosis of joints of second through
fifth toes:
(1) at the distal interphalangeal
joint, zero percent;
(2) at the
proximal interphalangeal joint:
(a) between
five degrees of dorsiflexion and ten degrees of plantar flexion, zero
percent;
(b) at greater than five
degrees of dorsiflexion, or at greater than ten degrees of plantar flexion, one
percent;
(3) at the
metatarsophalangeal joint:
(a) between
neutral position and ten degrees of dorsiflexion, zero percent;
(b) in plantar flexion or at greater than ten
degrees of dorsiflexion, one percent.
