Minnesota Administrative Rules

5223.0520 MUSCULOSKELETAL SCHEDULE; ANKLE.

Subpart 1.

General.

For permanent partial impairment to the ankle, disability of the whole body is as provided in subparts 2 to 4. The percent of whole body disability under this part may not exceed the percent of whole body disability for amputation of the leg at the ankle under part 5223.0550. Each mutually exclusive impairing condition must be rated separately and the ratings must be combined as described in part 5223.0300, subpart 3, item E.

If an impairing condition is represented by a category designated as exclusive under subpart 2, it must be rated by that category only and that rating may not be combined with a rating under any other category of this part for that impairing condition.

If an impairing condition is represented by a category designated as combinable under subpart 3, it must be rated under that category and under the appropriate categories describing loss of function under subpart 4. The ratings obtained must be combined as described in part 5223.0300, subpart 3, item E.

If an impairing condition is not represented by a category designated either exclusive or combinable, it must be rated only under the appropriate categories describing loss of function under subpart 4.

Subp. 2.

Exclusive categories.

A.

Achilles tendon rupture:

(1)

able to stand on toes, two percent;

(2)

unable to sustain body weight on toes, four percent.

B.

Ankle, rupture of medial or lateral ligament, repaired or unrepaired:

(1)

mild laxity, two percent;

(2)

moderate laxity of at least ten degrees greater widening on the Talar tilt stress test X-ray compared to the uninjured side, four percent.

C.

Painful organic syndrome, as defined in part 5223.0310, subpart 40, not elsewhere specified and substantiated by appropriate, consistent, and reproducible clinical or radiographic findings which results in persistent limitation of active range of motion or persistent deviation of gait but no limitation of passive range of motion, zero percent.

D.

Nerve entrapment syndrome of the plantar, sural, or peroneal nerve at the ankle or in the foot:

(1)

resolved with treatment, zero percent;

(2)

pain and paresthesia recurring or persisting despite treatment, but not substantiated by persistent findings on electrodiagnostic testing, zero percent;

(3)

pain and paresthesia persisting despite therapy, or recurring and persisting despite treatment and substantiated by electrodiagnostic testing, two percent;

(4)

objectively demonstrable motor or sensory loss, the rating is as provided in parts 5223.0420 and 5223.0430.

E.

Calcaneal fracture, extraarticular, three percent.

Subp. 3.

Combinable categories.

A.

Calcaneal fracture, intra-articular, three percent.

B.

Avascular necrosis of the talus, ten percent.

C.

Arthroplasty, ten percent.

D.

Ankle fractures:

(1)

medial or lateral malleolus, two percent;

(2)

bimalleolar or trimalleolar, four percent;

(3)

any other fractures or dislocations involving the ankle not otherwise ratable under subpart 2 or 3, one percent.

Subp. 4.

Categories describing loss of function.

Function of the ankle is measured by available passive range of motion in two arcs: flexion or extension and inversion or eversion. Examination with goniometer is performed to determine the limits of passive range in each arc. If there is impairment in both arcs, the ratings for loss of motion in the arcs are added to determine the final rating of disability for loss of function.

A.

Extent of range of dorsoplantar flexion:

(1)

plantar flexion is greater than 30 degrees and dorsiflexion is:

(a)

to greater than ten degrees, zero percent;

(b)

limited to between zero degrees and ten degrees, two percent;

(c)

limited to between one degree and 20 degrees plantar flexion, that is, there is a plantar flexion contracture, five percent;

(d)

limited to greater than 20 degrees plantar flexion, that is, there is a plantar flexion contracture, ten percent;

(2)

plantar flexion is limited to between 16 degrees and 30 degrees and dorsiflexion is:

(a)

to greater than ten degrees, two percent;

(b)

limited to between zero degrees and ten degrees, four percent;

(c)

limited to between one degree and 20 degrees plantar flexion, that is, there is a plantar flexion contracture, seven percent;

(d)

limited to greater than 20 degrees plantar flexion, that is, there is a plantar flexion contracture, 12 percent;

(3)

plantar flexion is limited to between one degree and 15 degrees and dorsiflexion is:

(a)

to greater than ten degrees, four percent;

(b)

limited to between zero degrees and ten degrees, six percent;

(c)

limited to between one degree and 15 degrees plantar flexion, that is, there is a plantar flexion contracture, nine percent;

(4)

plantar flexion is limited to zero degrees and ten degrees dorsiflexion, that is, there is a dorsiflexion contracture, ten percent;

(5)

plantar flexion is limited to greater than ten degrees dorsiflexion, that is, there is a dorsiflexion contracture, 20 percent;

(6)

ankylosis, as defined in part 5223.0310, subpart 7, in dorsiflexion or plantar flexion occurs:

(a)

at greater than ten degrees of dorsiflexion, 20 percent;

(b)

between ten degrees of dorsiflexion and 20 degrees of plantar flexion, eight percent;

(c)

at greater than 20 degrees of plantar flexion, 20 percent.

B.

Extent of range of inversion or eversion:

(1)

eversion is greater than 15 degrees and inversion is:

(a)

to greater than 30 degrees, zero percent;

(b)

limited to between 16 degrees and 30 degrees, one percent;

(c)

limited to between zero degrees and 15 degrees, two percent;

(d)

limited to between one degree and 15 degrees eversion, that is, there is an eversion contracture, three percent;

(e)

limited to greater than 15 degrees eversion, that is, there is an eversion contracture, seven percent;

(2)

eversion is limited to between 11 degrees and 15 degrees and inversion is:

(a)

to greater than 30 degrees, zero percent;

(b)

limited to between 16 degrees and 30 degrees, one percent;

(c)

limited to between zero degrees and 15 degrees, two percent;

(d)

limited to between one degree and 15 degrees eversion, that is, there is an eversion contracture, three percent;

(3)

eversion is limited to between one degree and ten degrees and inversion is:

(a)

to greater than 30 degrees, one percent;

(b)

limited to between 16 degrees and 30 degrees, two percent;

(c)

limited to between zero degrees and 15 degrees, three percent;

(d)

limited to between one degree and ten degrees eversion, that is, there is an eversion contracture, four percent;

(4)

eversion is limited to between zero degrees and ten degrees inversion, that is, there is an inversion contracture, and inversion is:

(a)

to greater than 30 degrees, two percent;

(b)

limited to between 16 degrees and 30 degrees, three percent;

(c)

limited to between zero degrees and 15 degrees, four percent;

(5)

eversion is limited to between 11 degrees and 20 degrees inversion, that is, there is an inversion contracture, and inversion is:

(a)

to greater than 30 degrees, four percent;

(b)

limited to less than 31 degrees, five percent;

(6)

eversion is limited to greater than 20 degrees inversion, that is, there is an inversion contracture, eight percent;

(7)

ankylosis, as defined in part 5223.0310, subpart 7, in inversion or eversion occurs:

(a)

at greater than 20 degrees inversion, eight percent;

(b)

between 20 degrees inversion and ten degrees eversion, one percent;

(c)

at greater than ten degrees eversion, seven percent.

Statutory Authority:

MS s 176.105

History:

17 SR 3364; 35 SR 138

Published Electronically:

October 3, 2013