Minn. R. agency 151, ch. 5223, DATES OF INJURY ON OR AFTER JULY 1, 1993, pt. 5223.0640

Current through Register Vol. 49, No. 24, December 9, 2024

Part 5223.0640 - HEAT AND COLD INJURIES

Subpart 1.General.

This part provides the percentage of disability of the whole body for permanent partial impairment due to heat and cold injuries.

Heat injuries may be due to radiant heat, flame, hot gases or fumes, electric current, friction, chemicals, or radiation. Cold injuries may be due to environmental conditions or from contact with cold solids, liquids, or gases.

The whole body disability due to heat or cold injuries is not directly equal to the percentage of body surface area involved. The percentage of body surface area involved is used, however, in certain items to categorize impairments. When required the percentage of body surface area affected must be determined according to the method of Lund and Browder, as defined in part 5223.0310, subpart 36.

Any permanent partial impairment to other body parts or organs other than as provided in this part and directly resulting from a heat or cold injury must be rated as provided in the appropriate parts of this schedule. These ratings may be combined with each other and with any ratings under this part as described in part 5223.0300, subpart 3, item E.

Subp. 2.Heat and cold injuries other than electrical conduction.

A rating under this part is the combination, as described in part 5223.0300, subpart 3, item E, of the ratings assigned by items A to G.

A. Any heat or cold injury that heals and leaves no scar, zero percent.

B. Cold intolerance of the hands, face, feet, or head as evidenced by the wearing of heavy gloves, heavy socks, or additional scarves at 35 degrees Fahrenheit:

(1) a scar or skin graft of at least ten square centimeters must be present for an affected member to be rated under this item. These ratings may be added as described in part 5223.0300, subpart 3, item F, to determine the overall rating for cold intolerance:

(a) dominant hand, four percent;

(b) nondominant hand, three percent;

(c) face, three percent; or

(d) foot, three percent;

(2) with history of preceding heat or cold injury but without scar or skin graft, entire impairment of all affected areas is, two percent.

C. Systemic heat intolerance as evidenced by fatigue or malaise or nausea; an oral temperature of at least 100 degrees Fahrenheit upon exposure to an environmental temperature of 90 degrees Fahrenheit at 60 percent relative humidity; and an initial heat injury that involved at least 50 percent of the body surface area, as measured by the method of Lund and Browder, as defined in part 5223.0310, subpart 36, five percent.

D. Sensitivity to sun exposure as evidenced by the need to cover the skin or use sun screen to prevent sunburn, or local sensitivity to heat as evidenced by redness or pain, and a scar or skin graft of at least ten square centimeters must be present for an affected member to be rated under this item. These ratings may be added as described in part 5223.0300, subpart 3, item F, to determine the overall rating for sensitivity to sun exposure:

(1) dominant hand, four percent;

(2) nondominant hand, three percent;

(3) face, three percent;

(4) if the sensitivity affects any other areas of the body, affecting less than five percent of the body surface area, zero percent;

(5) if the sensitivity affects any other body areas, affecting five to 20 percent of the body surface area, two percent;

(6) if the sensitivity affects any other body areas, affecting more than 20 percent of the body surface area, three percent.

E. Skin sensitivity to dust, chemical, or petroleum exposure, or 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 five percent of the body surface area, zero percent;

(2) if the sensitivity affects five to 20 percent of the body surface area, two percent;

(3) if the sensitivity affects 20 percent or more of the body surface area, three percent.

F. Nondermatomal sensory loss:

(1) loss of sensation due to nerve injury must be rated as provided in parts 5223.0410 and 5223.0430;

(2) any loss of sensation in the digits must be rated as provided in part 5223.0410;

(3) nondermatomal sensory loss, affecting less than five percent of the body surface area, one percent;

(4) nondermatomal sensory loss, affecting five to 20 percent of the body surface area, three percent;

(5) nondermatomal sensory loss, affecting more than 20 percent of the body surface area, five percent.

G. Persistent open sores, recurrent skin breakdown after initial healing, or skin grafting, rate as provided in part 5223.0630.

Subp. 3.Electrical conduction injuries.

A. Injury to the skin must be rated as provided in subpart 2, items A to G.

B. Injury to peripheral nerve must be rated as provided in parts 5223.0400 to 5223.0430, as applicable.

C. Cosmetic disfigurement must be rated as provided in part 5223.0650.

Minn. R. agency 151, ch. 5223, DATES OF INJURY ON OR AFTER JULY 1, 1993, pt. 5223.0640

17 SR 3364; 35 SR 138

Statutory Authority: MS s 176.105