Minn. R. agency 151, ch. 5223, DATES OF INJURY ON OR AFTER JULY 1, 1993, pt. 5223.0310

Current through Register Vol. 49, No. 24, December 9, 2024
Part 5223.0310 - DEFINITIONS
Subpart 1.Scope.

For the purpose of parts 5223.0300 to 5223.0650, the terms defined in this part have the meanings given them unless the context clearly indicates otherwise. Terms not defined in this part are defined in documents incorporated by reference. If the definition in a document incorporated by reference conflicts with or differs from the definition in parts 5223.0300 to 5223.0650, the specific definition in parts 5223.0300 to 5223.0650 shall govern.

Subp. 2.Acromioclavicular grade 1.

"Acromioclavicular grade 1" means an undisplaced acromioclavicular joint.

Subp. 3.Acromioclavicular grade 2.

"Acromioclavicular grade 2" means a 50 percent displacement of the clavicle in relationship to the acromion at the acromioclavicular joint as measured on standard X-ray view of the acromioclavicular joint in comparison to an uninjured contralateral acromioclavicular joint or in comparison to normative values.

Subp. 4.Acromioclavicular grade 3.

"Acromioclavicular grade 3" means a completely disrupted acromioclavicular joint as measured on standard X-ray view of the acromioclavicular joint in comparison to an uninjured contralateral acromioclavicular joint or in comparison to normative values.

Subp. 5.Activities of daily living.

"Activities of daily living" means the ability to perform all of the following:

A. self cares: urinating, defecating, brushing teeth, combing hair, bathing, dressing oneself, and eating;
B. communication: writing, seeing, hearing, and speaking;
C. normal living postures: sitting, lying down, and standing;
D. ambulation: walking and climbing stairs;
E. travel: driving and riding;
F. nonspecialized hand functions: grasping and tactile discrimination;
G. sexual function: participating in usual sexual activity;
H. sleep: ability to have restful sleep pattern; and
I. social and recreational activities: ability to participate in group activities.
Subp. 6.Adaptive equipment for ambulation.

"Adaptive equipment for ambulation" means a crutch, cane, walker, prosthesis, orthosis, or other medical device other than a wheelchair which allows an individual, who would otherwise be unable, to walk without assistance from another person.

Subp. 7.Ankylosis.

"Ankylosis" means the abnormal immobility and consolidation of a joint.

Subp. 8.ANSI.

"ANSI" means the American National Standards Institute.

Subp. 9.Articulation.

"Articulation" means the enunciation of words.

Subp. 10.Banding.

"Banding" means a thick, ropelike cord of hypertrophic scarring.

Subp. 11.Cardiopulmonary exercise testing.

"Cardiopulmonary exercise testing" means a standardized, graduated exercise test performed according to a protocol, for the purpose of determining maximum exercise capacity expressed as VO2 max.

Subp. 12.Carpal instability.

"Carpal instability" means either an incompetence of the ligament support system of the wrist or a change in the joint contact surface configuration of the carpal bones such that there is abnormal alignment or movement of the proximal carpal row.

Subp. 13.Category.

"Category" means a permanent partial impairment as described in parts 5223.0300 to 5223.0650 and the corresponding percent of disability to the whole body for that permanent partial impairment.

Subp. 14.Chronic.

"Chronic" means the repeated or continuous occurrence of a specific condition or symptom.

Subp. 15.Colostomy.

"Colostomy" means the surgical creation of a new opening of the colon on the surface of the body.

Subp. 16.Coma.

"Coma" means a state of unconsciousness from which the individual cannot be aroused, even by powerful stimulation.

Subp. 17.Contracture.

"Contracture" means a condition of fixed resistance to passive movement at a joint resulting from fibrosis of the soft tissues. A contracture is named by the direction in which the fibrosis draws the joint, that is, a joint drawn into flexion has a flexion contracture and there is a fixed resistance to passive extension.

Subp. 18.DCO.

"DCO" means the diffusion capacity of carbon monoxide as measured by a test performed as described in the A.M.A. Guide, 3rd edition, pp. 112-113. The measurement is expressed as a percentage of the normal value. The normal values used are those listed in the A.M.A. Guide, 3rd edition, pp. 114-115, incorporated by reference in part 5223.0300, subpart 4, item B.

Subp. 19.Delirium.

"Delirium" means a mental disturbance marked by illusions, hallucinations, delusions, cerebral excitement, physical restlessness, and incoherence, and having a comparatively short course.

Subp. 20.Desirable level of weight.

"Desirable level of weight" means preferred weights in the tables created by the Metropolitan Life Insurance Company. For purposes of parts 5223.0300 to 5223.0650, the following are the minimums of the preferred weights (in pounds) for men and women of various heights and builds:

HeightSmall FrameMedium FrameLarge Frame
MaleFemaleMaleFemaleMaleFemale
4' 10"102109118
4' 11"103111120
5'104113122
5' 1"106115125
5' 2"128108131118138128
5' 3"130111133121140131
5' 4"132114135124142134
5' 5"134117137127144137
5' 6"136120139130146140
5' 7"138123142133149143
5' 8"140126145136152146
5' 9"142129148139155149
5' 10"144132151142158152
5' 11"146135154145161155
6'149138157148164158
6' 1"152160168
6' 2"155164172
6' 3"158167176
6' 4"162171181

Subp. 21.Disarticulation.

"Disarticulation" means an amputation occurring through a joint.

Subp. 22.Distance vision.

"Distance vision" means the ability to distinguish letters at a distance of 20 feet according to any eye chart in which the 20/20 (6/6) letters subtend five minutes of arc.

Subp. 23.Dysequilibrium.

"Dysequilibrium" means any derangement of proper balance.

Subp. 24.Esophagostomy.

"Esophagostomy" means the creation of an artificial opening into the esophagus.

Subp. 25.Executive functions.

"Executive functions" means such activities as managing a checkbook, entering into contracts, and making medium- and long-range financial plans.

Subp. 26.Family member.

"Family member" means cohabitant and is not limited to those related by blood or marriage. In cases of institutionalization or similar nonhome environment, family member may include staff members who care for the individual on a regular basis.

Subp. 27.FEV1.

"FEV1" means the forced expiratory volume in one second as measured by a spirometric test performed as described in the A.M.A. Guide, 3rd edition, pp. 111-112. The measurement used must be taken from the spirogram which is both technically acceptable and represents the best effort of the patient. The measurement is expressed as a percentage of the normal value. The normal values used are those listed in the A.M.A. Guide, 3rd edition, pp. 112-113, incorporated by reference in part 5223.0300, subpart 4, item B.

Subp. 28.14/14 Snellen rating.

"14/14 Snellen rating" means a measurement of visual acuity for near vision. The numerator is the test distance in inches. The denominator is the distance at which the smallest letter on the test instrument can be seen.

Subp. 29.Fusion.

"Fusion" means the operative formation of an ankylosis.

Subp. 30.FVC.

"FVC" means the forced vital capacity as measured by a spirometric test performed as described in the A.M.A. Guide, 3rd edition, pp. 111-112. The measurement used must be taken from the spirogram which is both technically acceptable and represents the best effort of the patient. The measurement is expressed as a percentage of the normal value. The normal values used are those listed in the A.M.A. Guide, 3rd edition, pp. 110-111, incorporated by reference in part 5223.0300, subpart 4, item B.

Subp. 31.Gastrostomy.

"Gastrostomy" means the creation of an artificial opening into the stomach.

Subp. 32.Hypertrophic scar.

"Hypertrophic scar" means an elevated irregularly shaped mass of scar tissue.

Subp. 33.Ileostomy.

"Ileostomy" means the creation of an artificial opening into the ileum.

Subp. 34.Jejunostomy.

"Jejunostomy" means the creation of an artificial opening into the jejunum.

Subp. 35.Lethargy.

"Lethargy" means in relation to an injury to the brain, that an individual is drowsy, but can be aroused.

Subp. 36.Method of Lund and Browder.

"Method of Lund and Browder" means a method of estimating the body surface area of body parts as represented by the following values for adults:

PartSurface Area (as a percentage of total body surface area)
Head7
Neck2
Anterior trunk13
Posterior trunk13
Right buttock2.5
Left buttock2.5
Genitals1
Right upper arm4
Left upper arm4
Right lower arm (exclusive of hand)3
Left lower arm (exclusive of hand)3
Right hand2.5
Left hand2.5
Right thigh9.5
Left thigh9.5
Right leg (exclusive of foot)7
Left leg (exclusive of foot)7
Right foot3.5
Left foot3.5

Subp. 37.Motility chart.

"Motility chart" means the chart of figure 3, p. 160 of the A.M.A. Guides, 3rd edition.

Subp. 38.Near vision.

"Near vision" means the ability to read text or to distinguish letters at a distance of 14 inches as measured by any eye test for use at 14 inches and is measured using the appropriate optical correction for the 14-inch distance.

Subp. 39.Nine hole peg test.

The "Nine hole peg test" is a commonly used, relatively inexpensive, and quickly administered measurement of finger dexterity as described in the "Adult Normal for the Nine Hole Peg Test of Finger Dexterity," incorporated by reference in part 5223.0300, subpart 4, item A.

Subp. 40.Painful organic syndrome.

"Painful organic syndrome" means a musculoskeletal condition characterized by pain with use of the affected member which limits the voluntary active range of motion, without any limitation of forced passive range of motion, and attributed to a lesion in the soft tissues, that is, capsule, ligament, tendon, fascia, and muscle, and defined by a set of clinical findings.

Subp. 41.Presbycusis.

"Presbycusis" means a decline in hearing acuity that occurs with the aging process.

Subp. 42.Pseudophakia.

"Pseudophakia" means that the crystalline lens of the eye has been replaced with a surgically implanted lens.

Subp. 43.Radicular pain.

"Radicular pain" means pain described as radiating distally into an extremity in the distribution of a nerve root.

Subp. 44.Radicular paresthesia.

"Radicular paresthesia" means abnormal sensation, described as involving an extremity in the distribution of a nerve root.

Subp. 45.Self cares.

"Self cares" means urinating, defecating, brushing teeth, combing hair, bathing, dressing oneself, and eating.

Subp. 46.Speech intensity.

"Speech intensity" means the level of sound intensity of an individual's speech. Speech intensity determines the ability to be heard versus intelligibility which determines the ability to be understood.

Subp. 47.Spinal stenosis.

"Spinal stenosis" means the narrowing of the spinal canal.

Subp. 48.Spondylolisthesis.

"Spondylolisthesis" means the forward movement of one vertebral body on the vertebrae below it or upon the sacrum.

Subp. 49.Spondylolisthesis grade 1.

"Spondylolisthesis grade 1" means forward movement from zero to 25 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 50.Spondylolisthesis grade 2.

"Spondylolisthesis grade 2" means forward movement from 25 to 50 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 51.Spondylolisthesis grade 3.

"Spondylolisthesis grade 3" means movement from 50 to 75 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 52.Spondylolisthesis grade 4.

"Spondylolisthesis grade 4" means forward movement from 75 to 100 percent of the vertebral body as measured on standard X-ray view of the spine.

Subp. 53.Stupor.

"Stupor" means, in relation to a nervous system injury to the brain, that a strong stimulus or pain is needed to arouse consciousness or response.

Subp. 54.Table for loss of central visual acuity.

"Table for loss of central visual acuity" means the table of Table 2, p. 155 of the A.M.A. Guides, 3rd edition.

Subp. 55.Tandem gait.

"Tandem gait" means walking by placing one foot directly in front of the other in a heel-to-toe fashion.

Subp. 56.Tinnitus.

"Tinnitus" means a subjective sense of noises in the head or ringing in the ear for which there is no observable external cause.

Subp. 57.Trigeminal neuralgia.

"Trigeminal neuralgia" means paroxysmal pain extending along the course of the trigeminal nerve.

Subp. 58.20/20 Snellen rating.

"20/20 Snellen rating" means a measurement of visual acuity for distance vision. The numerator is the test distance in feet. The denominator is the distance at which the smallest letter discriminated by a patient would subtend five minutes of arc.

Subp. 59.Vertigo.

"Vertigo" means a sensation of moving around in space or having objects move about the person. It is the result of a disturbance of the equilibratory apparatus.

Subp. 60.Visual field chart.

"Visual field chart" means the charts of figure 1, p. 156 of the A.M.A. Guides, 3rd edition.

Subp. 61.VO2 max.

"VO2 max" means the maximum exercise capacity of an individual as measured by cardiopulmonary exercise testing and expressed as oxygen consumption in milliliters/(kilograms x minutes).

Subp. 62.Wrinkling.

"Wrinkling" means small ridges on the skin formed by shrinking or contraction of the skin.

Minn. R. agency 151, ch. 5223, DATES OF INJURY ON OR AFTER JULY 1, 1993, pt. 5223.0310

17 SR 3364; 35 SR 138

Statutory Authority: MS s 176.105