Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General.
The whole body disability due to burns is not equal to the
percent of body surface area which is burned. The percentage of body surface
area affected must be determined according to Lund and Browder. The ratings
determined under subparts
1 to
4 must be combined as set
forth at Minnesota Statutes, section
176.105,
subdivision 4, paragraph (c), provided that the maximum disability to the whole
body under this schedule must not exceed 70 percent. Loss of motion or body
parts except the face must be rated under the musculoskeletal schedules and
must not be considered as included in a rating under this part unless
specifically provided otherwise.
Subp.
2.
Burns other than electrical conduction.
A rating under this part is the rating assigned by items A to F
combined as provided in Minnesota Statutes, section
176.105,
subdivision 4, paragraph (c):
A. Any
burn that heals within one month and leaves no hypertrophic scar, 0
percent.
B. Cold intolerance of the
hands, face, or head as evidenced by the wearing of heavy gloves or additional
scarves at 35 degrees Fahrenheit; a scar of at least ten square centimeters
must be present for an affected member to be rated under this item:
(1) dominant hand, 4 percent;
(2) nondominant hand, 3 percent;
(3) both hands, 6 percent;
(4) face, 3 percent; or
(5) face and both hands, 10
percent.
C. Heat
intolerance is evidenced by fatigue, malaise, nausea, and an oral temperature
of at least 100 degrees Fahrenheit upon exposure to an environmental
temperature of 90 degrees Fahrenheit at 60 percent relative humidity, 5
percent.
D. Sensitivity to sun
exposure as evidenced by the need to cover the skin or use sun screen to
prevent sunburn; a scar of at least ten square centimeters must be present for
an affected member to be rated under this item:
(1) dominant hand, 4 percent;
(2) nondominant hand, 3 percent;
(3) both hands, 6 percent;
(4) face, 3 percent; or
(5) face and both hands, 10
percent.
E. Sensitivity
to dust, chemical, or petroleum exposure; 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 5 percent of the body surface area, 0 percent.
(2) If the sensitivity affects 5 to 20
percent of the body surface area, 2 percent.
(3) If the sensitivity affects 20 percent or
more of the body surface area, 3 percent.
F. Sensory loss due to burns:
(1) Loss of sensation on palmar surface of
hands shall be rated as provided by part
5223.0090, subpart
3.
(2) Sensory loss in less than 5 percent of
the body surface area, 0 percent.
(3) Sensory loss in 5 to 20 percent of the
body surface area, 2 percent.
(4)
Sensory loss in more than 20 percent of the body surface area, 5
percent.
Subp.
3.
Electrical conduction injuries.
A. Associated sensory loss and concomitant
thermal injuries must be rated as provided in subpart
1.
B. Peripheral nerve deficits must be rated as
provided in the musculoskeletal schedule.
The ratings under items A and B must be combined in the manner
set forth at Minnesota Statutes, section
176.105,
subdivision 4, paragraph (c).
Subp. 4.
Cosmetic disfigurement.
This part applies to disfigurement on the face, the head, the
neck, or the hands due to burns. Where there is surgery, this rating is done
after correction by plastic surgery. The final rating under this schedule shall
not be done until hypertrophic scarring is matured or more than 24 months after
the injury. The ratings under the items of this part must be combined in the
manner set forth at Minnesota Statutes, section
176.105,
subdivision 4, paragraph (c).
A. The
face is the anterior head from the forehead, to and including the chin.
(1) Loss of facial features:
(a) Deformity of nasal tip or deformity,
thinning, or eversion of ala nasi, 5 percent.
(b) Loss of more than 50 percent of nasal
cartilage or of both ala nasi, 25 percent.
(2) Eyes:
(a) Loss of one eyebrow, 2.5
percent.
(b) Loss of two eyebrows,
5 percent.
(c) Ectropion
unaccompanied by visual impairment:
i. Lower
lid pulled from eye when mouth is opened and neck extended, 5
percent.
ii. Lower lid pulled away
with no movement of face or neck, 10 percent.
iii. Cornea unprotected when sleeping, 15
percent.
(d) Epiphora
unaccompanied by visual impairment, 10 percent.
(3) Mouth. A rating under this subitem is the
arithmetic sum of units (a) to (d).
(a)
Noncongenital microstomia or distortion affecting eating and dental hygiene, 10
percent.
(b) Eversion of the upper
lip, 7.5 percent.
(c) Eversion of
the lower lip, 7.5 percent.
(d)
Distortion of vermillion border, 10 percent.
(4) Ear. Loss of 75 percent or more of one
external ear, 5 percent.
(5)
Hypertrophic scarring of face in areas other than those covered in subitems (1)
to (4):
(a) Affecting only forehead above the
eyebrows, 10 percent.
(b) Affecting
the lower face from eyebrows to chin, 25 percent.
(c) Affecting both the forehead above the
eyebrows and the lower face from the eyebrows to chin, 35 percent.
(6) Wrinkling of face in areas
other than those covered in subitems (1) to (5), one-third of percentages in
subitem (5).
B. Head,
Alopecia:
(1) Anterior hairline:
(a) Loss of less than 20 percent of hair on
anterior hairline, 0 percent.
(b)
Loss of 20 to 50 percent of hair on anterior hairline, 2 percent.
(c) Loss of more than 50 percent of hair on
anterior hairline, 3 percent.
(2) Elsewhere on head and not affecting
anterior hairline:
(a) Loss of 0 to 15 percent
of hair, 0 percent.
(b) Loss of 15
to 30 percent of hair, 1 percent.
(c) Loss of 20 to 50 percent of hair, 2
percent.
(d) Loss of more than 50
percent of hair, 3 percent.
The ratings under subitems (1) and (2) must be combined as set
forth in Minnesota Statutes, section
176.105,
subdivision 4, paragraph (c).
C. The anterior neck extends from the ear
lobule anteriorly to the ear lobule and downward to mid clavicle. Disfigurement
on the posterior neck from the ear lobule posteriorally to the ear lobule shall
not be rated under this rule. Ratings under subitems (1) and (2) shall be
combined as set forth in Minnesota Statutes, section
176.105,
subdivision 4, paragraph (c).
(1) Hypertrophic
scarring or banding:
(a) Affecting less than
10 percent of the anterior neck, 0 percent.
(b) Affecting 10 to 30 percent of the
anterior neck, 10 percent.
(c)
Affecting 30 to 50 percent of the anterior neck, 12 percent.
(d) Affecting more than 50 percent of the
anterior neck, 15 percent.
(2) The chin shelf is the area from the chin
backwards to the neck.
(a) Chin shelf extends
less than 2 inches, 3 percent.
(b)
Chin shelf extends less than 1 inch, 10 percent.
D. The hand extends from the
carpus outward. Loss of body parts and loss of motion are rated in the
musculoskeletal schedule.
(1) Hypertrophic
scarring affecting less than 30 percent of dorsum of one hand, 0
percent.
(2) Hypertrophic scarring
affecting 30 to 50 percent of dorsum of one hand, 3 percent.
(3) Hypertrophic scarring affecting 50
percent or more of dorsum of one hand, 7 percent.
