Current through Register Vol. 49, No. 13, September 23, 2024
Where a disability is subject to apportionment under Minnesota
Statutes, section
176.101,
subdivision 4a, the rating for the disabled condition under a category of the
schedules of this chapter must be reduced as provided in this part. As used in
this part, the term disabled condition includes the preexisting
disability.
A. This part applies where
the preexisting disability has not been rated and neither item B nor C is
applicable.
(1) The preexisting disability
must be rated under a category of the schedules of this chapter.
(2) The whole body disability rating assigned
to the disabled condition of the member by the schedules of this chapter must
be reduced by the rating assigned to the preexisting disability of the member
in subitem (1).
(3) For example,
the medical report establishes a preexisting impairment of amputation of the
index finger at the metacarpophalangeal joint. This injury is a 13.5 percent
preexisting disability to the body as a whole under part
5223.0080, subpart 1, item L,
subitem (1). The disabled condition is amputation of all fingers except the
thumb at the metacarpophalangeal joint, a 32.5 percent disability under part
5223.0080, subpart 1, item J, 32.5
percent less 13.5 percent gives the disability (adjusted for the preexisting
impairment) of 19 percent. Payment is made for the 19 percent disability at the
rate appropriate for a 32.5 percent disability. Thus, if economic recovery
benefits are paid, 19 percent is multiplied by 680 weeks; for impairment
benefits, 19 percent is multiplied by $85,000.
B. This item applies where the preexisting
disability of a member has been rated in another proceeding or state and the
rating represents a percentage of disability to the whole body. The rating of
the disabled condition under a category of these schedules shall be reduced by
the rating assigned to the preexisting disability of the member.
C. This item applies where the injury
producing the preexisting disability occurred prior to January 1, 1984, and the
preexisting disability has been rated under Minnesota Statutes, section
176.101,
subdivision 3; or where Minnesota Statutes, chapter 176 is inapplicable and the
rating represents a percentage of disability of a member.
(1) From Table 1, determine the maximum whole
body disability assignable to the preexisting disability. Use Table 2 where
disability to an internal organ is rated as a percentage of disability to the
particular organ rather than a percentage of disability to internal organs.
Where the preexisting disability is not listed in Table 1 or Table 2, the
maximum whole body disability is the maximum disability assigned to the
affected member by the schedules of this chapter.
Table 1
| Member
|
Maximum Whole Body Disability (Percent)
|
| Thumb |
16 |
| Index finger |
11 |
| Middle finger |
9 |
| Ring finger |
4 |
| Little finger |
2 |
| Great toe |
5 |
| Lesser toe |
1 |
| Hand |
54 |
| Hand and wrist |
54 |
| Arm |
60 |
| Foot |
21 |
| Foot and ankle |
28 |
| Leg |
40 |
| Eye |
24 |
| Eyes (both) |
85 |
| Hearing loss, (one ear) |
6 |
| Hearing loss (both ears) |
35 |
| Back |
71 |
| Voice |
70 |
| Burns and skin impairments, including disfigurement |
70 |
| Internal organs, excluding brain |
85 |
| Brain |
100 |
| Head |
20 |
Table 2
| Member
|
Maximum Whole Body Disability (Percent)
|
| Stomach |
65 |
| Pancreas |
65 |
| Colon |
50 |
| Spleen |
0 |
| Bladder |
30 |
| Sexual organs or function |
20 |
| Circulatory system |
90 |
| Heart |
85 |
| Lungs |
85 |
| Liver |
75 |
| Solitary kidney |
10 |
| Kidney, excluding solitary kidney |
77 |
(2)
Multiply the prior rating of the member's preexisting disability by the maximum
whole body disability determined in subitem (1). Where a disputed rating has
been closed out to a stipulated rating but payments were made on a different
rating, the rating for purposes of this part is the closed-out
rating.
(3) Subtract the percentage
amount determined in subitem (2) from the whole body disability rating assigned
to the disabled condition of the member by the schedules of this chapter. The
remainder is the amount due for the disabled condition after apportionment for
the preexisting disability.
(4) For
example, a pre-1984 back injury was rated at 25 percent of the back. The whole
body disability attributable to this injury is 25 percent by 71 percent equals
17.75 percent. After 1984, a second back injury is rated at 24.5 percent under
this chapter (24.5 percent minus 17.75 percent equals 6.75 percent). Six and
three-fourths (6.75) percent is the amount assigned to the disabled condition
after apportionment.
D.
Where both Minnesota Statutes, sections
176.101,
subdivision 4a, and 176.105, subdivision 4, paragraph (c) apply, apportionment
must be determined as follows:
(1) For each
member, determine the percentage of whole body disability under items A to C,
as appropriate.
(2) Combine the
percentages obtained in subitem (1) in the manner set forth in Minnesota
Statutes, section
176.105,
subdivision 4, paragraph (c). Prior to the next application of the formula, the
result of an application of the formula must be stated as a decimal, not as a
percentage, that is rounded up or down to four decimal places.
Statutory Authority: MS s
176.105
