Minnesota Administrative Rules

5223.0430 PERIPHERAL NERVOUS SYSTEM; LOWER EXTREMITY-SENSORY LOSS.

Subpart 1.

Total loss.

For permanent partial impairment to the peripheral nerves, plexuses, and nerve roots of the lower extremities resulting from nerve injury or disease and where there is loss of sensory function for those particular portions of the body served by the peripheral nerve, plexus, or root, the disability of the whole body is as provided in subparts 2 to 6.

A.

Total or complete sensory loss means that there is no preserved sensation.

B.

If injury to a nerve, plexus, or nerve root results only in motor loss, the rating is provided in part 5223.0420.

C.

If motor loss occurs together with sensory loss, the rating under this part may be combined as described in part 5223.0300, subpart 3, item E, with the rating under part 5223.0420.

Subp. 2.

Peripheral nerve.

There is total or complete sensory loss of the peripheral nerve, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration in the distribution of the:

A.

femoral, anterior crural, two percent;

B.

genitofemoral, or genitocrural, two percent;

C.

lateral femoral cutaneous, four percent;

D.

posterior cutaneous of thigh, two percent;

E.

sciatic, ten percent;

F.

superficial peroneal, two percent;

G.

tibial nerve:

(1)

entire sensory distribution, six percent;

(2)

lateral plantar branch, two percent; or

(3)

medial plantar branch, two percent;

H.

sural (external saphenous), one percent.

Subp. 3.

Lumbosacral plexus.

There is total or complete sensory loss of the lumbosacral plexus, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration, and there is objective conformation by electrodiagnostic testing: in the distribution of the lumbosacral plexus, 16 percent.

Subp. 4.

Nerve root.

There is total or complete sensory loss of the nerve root, and signs or symptoms of organic disease or injury are present, and there is anatomic loss or alteration in the distribution of the:

A.

L3 nerve root, two percent;

B.

L4 nerve root, two percent;

C.

L5 nerve root, three percent;

D.

S1 nerve root, four percent;

E.

S2, S3, and S4 nerve roots resulting in saddle anesthesia, two percent, for abnormality of penile sensation or function, the rating is as provided in part 5223.0600, subpart 6; for abnormality of vaginal sensation or function, the rating is as provided in part 5223.0600, subpart 9; for abnormality of anal function, the rating is as provided in part 5223.0590, subpart 4.

Subp. 5.

Partial loss.

Partial loss means that there is incomplete sensory loss. Partial loss is rated at 25 percent of the percentages assigned in subparts 2 to 4.

Subp. 6.

Reflex sympathetic dystrophy, causalgia, and cognate conditions.

This subpart applies to dates of injury from July 1, 1993, through August 8, 2010. For dates of injury on or after August 9, 2010, rate complex regional pain syndrome, reflex sympathetic dystrophy, causalgia, and cognate conditions as provided under part 5223.0435. For purposes of rating under this part, reflex sympathetic dystrophy, causalgia, and cognate conditions are deemed to occur in a member if at least five of the following conditions persist concurrently in that member: edema, local skin color change of red or purple, osteoporosis in underlying bony structures demonstrated by radiograph, local dyshidrosis, local abnormality of skin temperature regulation, reduced passive range of motion in contiguous or contained joints, local alteration of skin texture of smooth or shiny, or typical findings of reflex sympathetic dystrophy on bone scan.

If reflex sympathetic dystrophy is present and persistent despite treatment, the permanent partial disability, rating from the most proximal joint of the involved member, is:

A.

mild: meets the requirements of this subpart, 25 percent of the rating for the appropriate category in part 5223.0550;

B.

moderate: meets the requirements of this subpart and the individual can ambulate only with assistive devices or special shoes, 50 percent of the rating for the appropriate category in part 5223.0550;

C.

severe: meets the requirements of this subpart and the individual is unable to weight-bear to effectively perform most of the activities of daily living, 75 percent of the rating for the appropriate category in part 5223.0550.

Statutory Authority:

MS s 176.105

History:

17 SR 3364; 35 SR 138

Published Electronically:

August 16, 2010