Minnesota Administrative Rules
Agency 151 - Labor and Industry Department
Chapter 5223 - DISABILITY SCHEDULES
Part 5223.0010 - WORKERS' COMPENSATION PERMANENT PARTIAL DISABILITY SCHEDULES
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Purpose of schedules.
Minnesota Statutes, section 176.105, subdivision 4, requires the commissioner of labor and industry to adopt rules assigning specific percentages of disability of the whole body for specific permanent partial disabilities. This chapter assigns percentages of disability of the whole body for permanent partial disabilities.
Subp. 2. Interpretation of schedules.
Only the categories in the schedules in this chapter may be used when rating the extent of a disability. Where a category represents the disabling condition, the disability determination shall not be based on the cumulation of lesser included categories. If more than one category may apply to a condition, the category most closely representing the condition shall be selected. Where more than one category is necessary to represent the disabling condition, categories shall be selected to avoid double compensation for any part of a condition. The percentages of disability to the whole body as set forth in two or more categories shall not be averaged, prorated, or otherwise deviated from, unless specifically provided in the schedule. Unless provided otherwise, where an impairment must be rated under more than one category, the ratings must be combined using the A + B (1-A) formula as provided in Minnesota Statutes, section 176.105, subdivision 4, paragraph (c). With respect to the musculoskeletal schedule, the percent of whole body disability for motor or sensory loss of a member shall not exceed the percent of whole body disability for amputation of that member.
Subp. 3. Disabilities not part of schedules.
A category not found within this chapter shall not be used to determine permanent partial disability.
Subp. 4. Rules of construction.
The technical terms in this chapter are defined in either part 5223.0020, or by the documents incorporated by reference in this chapter. Documents are incorporated by reference only to the extent necessary for definition or to the extent specifically referenced in a schedule. The documents incorporated by reference are not subject to frequent change, although new editions occasionally may be published. These documents are common medical references and are conveniently available to the public as noted in items A to K. These documents are as follows:
Subp. 5. Severability.
If any provision of this chapter is held to conflict with a governing statute, applicable provisions of the Minnesota Administrative Procedure Act, or other relevant law; to exceed the statutory authority conferred; to lack a reasonable relationship to statutory purposes or to be unconstitutional, arbitrary, or unreasonable; or to be invalid for any other reason; the validity and enforceability of the remaining provisions of the rule shall in no manner be affected.
Statutory Authority: MS s 176.105