Wisconsin Administrative Code (Last Updated: January 10, 2017) |
Agency DWD. Department of Workforce Development |
Chapters 80-81. Worker’s Compensation; Mining Damage Claims |
Chapter 80. Worker's Compensation |
Section 80.32. Permanent disabilities.
Latest version.
- Minimum percentages of loss of use for amputation levels, losses of motion, sensory losses and surgical procedures.(1) The disabilities set forth in this section are the minimums for the described conditions. However, findings of additional disabling elements shall result in an estimate higher than the minimum. The minimum also assumes that the member, the back, etc., was previously without disability. Appropriate reduction shall be made for any preexisting disability.(12) Fingers
Cr.
Register, October, 1965, No. 118
, eff. 11-1-65; r. and recr.
Register, April, 1975, No. 232
, eff. 5-1-75; r. and recr. (1),
Register, September, 1982, No. 321
, eff. 10-1-82; cr. (13) and (14),
Register, September, 1986
, eff. 369, eff. 10-1-86; am. (intro.), (3) to (5), (7), (9), (11) and (12) (a) and (b),
Register, June, 1994, No. 462
, eff. 7-1-94; reprinted to restore dropped copy in (1),
Register, March, 1995, No. 471
;
CR 07-019
: am. (11),
Register October 2007 No. 622
, eff. 11-1-07.
Note
An example would be where in addition to a described loss of motion, pain and circulatory disturbance further limits the use of an arm or a leg. A meniscectomy in a knee with less than a good result would call for an estimate higher than 5% loss of use of the leg at the knee. The same principle would apply to surgical procedures on the back. The schedule of minimum disabilities contained in this section was adopted upon the advice of a worker's compensation advisory council subcommittee after a survey of doctors experienced in treating industrial injuries.
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All ranges of joint motion or degrees of ankylosis not listed below are to be interpolated from existing percent of disability listed.
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It is the subcommittee's intention that a separate minimum 5% allowance be given for every surgical procedure (open or closed, radical or partial) that is done to relieve from the effects of a disc lesion or spinal cord pressure. Each disc treated or surgical procedure performed will qualify for a 5% rating. Due to the fact a fusion involves 2 procedures a 1) laminectomy (dissectomy) and a 2) fusion procedure, 10% permanent total disability will apply when the 2 surgical procedures are done at the same time or separately.
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See PDF for table
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See PDF for table
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