Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
General.
This part provides the percentage of disability of the whole
body for permanent partial impairment due to heat and cold injuries.
Heat injuries may be due to radiant heat, flame, hot gases or
fumes, electric current, friction, chemicals, or radiation. Cold injuries may
be due to environmental conditions or from contact with cold solids, liquids,
or gases.
The whole body disability due to heat or cold injuries is not
directly equal to the percentage of body surface area involved. The percentage
of body surface area involved is used, however, in certain items to categorize
impairments. When required the percentage of body surface area affected must be
determined according to the method of Lund and Browder, as defined in part
5223.0310, subpart 36.
Any permanent partial impairment to other body parts or
organs other than as provided in this part and directly resulting from a heat
or cold injury must be rated as provided in the appropriate parts of this
schedule. These ratings may be combined with each other and with any ratings
under this part as described in part
5223.0300, subpart
3, item E.
Subp. 2.
Heat and cold injuries other
than electrical conduction.
A rating under this part is the combination, as described in
part
5223.0300, subpart
3, item E, of the ratings
assigned by items A to G.
A. Any heat
or cold injury that heals and leaves no scar, zero percent.
B. Cold intolerance of the hands, face, feet,
or head as evidenced by the wearing of heavy gloves, heavy socks, or additional
scarves at 35 degrees Fahrenheit:
(1) a scar
or skin graft of at least ten square centimeters must be present for an
affected member to be rated under this item. These ratings may be added as
described in part
5223.0300, subpart
3, item F, to determine the
overall rating for cold intolerance:
(a)
dominant hand, four percent;
(b)
nondominant hand, three percent;
(c) face, three percent; or
(d) foot, three percent;
(2) with history of preceding heat or cold
injury but without scar or skin graft, entire impairment of all affected areas
is, two percent.
C.
Systemic heat intolerance as evidenced by fatigue or malaise or nausea; an oral
temperature of at least 100 degrees Fahrenheit upon exposure to an
environmental temperature of 90 degrees Fahrenheit at 60 percent relative
humidity; and an initial heat injury that involved at least 50 percent of the
body surface area, as measured by the method of Lund and Browder, as defined in
part
5223.0310, subpart 36, five
percent.
D. Sensitivity to sun
exposure as evidenced by the need to cover the skin or use sun screen to
prevent sunburn, or local sensitivity to heat as evidenced by redness or pain,
and a scar or skin graft of at least ten square centimeters must be present for
an affected member to be rated under this item. These ratings may be added as
described in part
5223.0300, subpart
3, item F, to determine the
overall rating for sensitivity to sun exposure:
(1) dominant hand, four percent;
(2) nondominant hand, three
percent;
(3) face, three
percent;
(4) if the sensitivity
affects any other areas of the body, affecting less than five percent of the
body surface area, zero percent;
(5) if the sensitivity affects any other body
areas, affecting five to 20 percent of the body surface area, two
percent;
(6) if the sensitivity
affects any other body areas, affecting more than 20 percent of the body
surface area, three percent.
E. Skin sensitivity to dust, chemical, or
petroleum exposure, or altered sweating, or apocrine gland dysfunction. For one
or any combination of these conditions, the whole body disability is:
(1) if the sensitivity affects less than five
percent of the body surface area, zero percent;
(2) if the sensitivity affects five to 20
percent of the body surface area, two percent;
(3) if the sensitivity affects 20 percent or
more of the body surface area, three percent.
F. Nondermatomal sensory loss:
(1) loss of sensation due to nerve injury
must be rated as provided in parts
5223.0410 and
5223.0430;
(2) any loss of sensation in the digits must
be rated as provided in part
5223.0410;
(3) nondermatomal sensory loss, affecting
less than five percent of the body surface area, one percent;
(4) nondermatomal sensory loss, affecting
five to 20 percent of the body surface area, three percent;
(5) nondermatomal sensory loss, affecting
more than 20 percent of the body surface area, five percent.
G. Persistent open sores,
recurrent skin breakdown after initial healing, or skin grafting, rate as
provided in part
5223.0630.
Subp. 3.
Electrical conduction
injuries.
A. Injury to the skin must
be rated as provided in subpart
2, items A to G.
B. Injury to peripheral nerve must be rated
as provided in parts
5223.0400 to
5223.0430, as
applicable.
C. Cosmetic
disfigurement must be rated as provided in part
5223.0650.
