Wisconsin Administrative Code › Department of Workforce Development › DWD 80-81 - Worker's Compensation › Chapter DWD 80 - Worker's Compensation › Section DWD 80.32 - Permanent disabilities

Current through June 24, 2024
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.
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.
(2) Amputations, upper or lower extremities
At functional level
Equivalent to amputation at midpoint
Stump unsuitable to accommodate prosthesis
Equivalent to amputation at next most proximal
								joint
Stump not functional
Grade upward
All ranges of joint motion or degrees of ankylosis
								not listed below are to be interpolated from existing percent of disability
								listed.
All ranges of joint motion or degrees of ankylosis not listed
				  below are to be interpolated from existing percent of disability listed.
(3) Hip
Ankylosis, optimum position, generally 15° to
								30° flexion
50%
Mal position
Grade upward
To compute disabilities for loss of motion relate %
								of motion lost to average range
Shortening of leg (no posterior or lateral
								angulation) No disability for shortening less than 3/4 inch
3/4 inch
5%
1 inch
7%
1-1/2inches
14%
2 inches
22%
Greater than 2 inches of shortening results in
								greater proportionate rating than above
Prosthesis Total
Minimum of 40%
Partial
35%
(4)
				Knee
Ankylosis, optimum position, 170°
40%
Remaining range, 180° - 135°
25%
Remaining range, 180° - 90°
10%
Prosthesis Total
50%
Partial
45%
Removal of patella
To be based on
functional
impairment
Total or partial meniscectomy (open or closed
								procedure)
Excellent to good result
5%
Anterior cruciate ligament repair
Minimum of 10%
(5)
				Ankle
Total ankylosis, optimum position, total loss of
								motion
40%
Ankylosis ankle joint
Loss of dorsi and plantar flexion
30%
Subtalar ankylosis
Loss of inversion and eversion
15%
(6)
				Toes
Ankylosis great toe at proximal joint
50%
All other toes at proximal
40%
Ankylosis great toe at distal joint
15%
All other toes at any interphalangeal
If no deformity, no
joint
disability
Mal position
On merits
Loss of motion
No disability
(7)
				Shoulder
Ankylosis, optimum position, scapula free
55%
In mal position
Grade upward
Limitation of active elevation in flexion and
								abduction to 45 but otherwise normal
30%
Limitation of active elevation in flexion and
								abduction to 90 but otherwise normal
20%
Limitation of active elevation in flexion and
								abduction to 135° but otherwise normal
5%
Prosthesis
50%
(8)
				Elbow
Ankylosis, optimum position, 45° angle
With radio-ulnar motion destroyed
60%
With radio-ulnar motion in tact
45%
Rotational ankylosis in neutral
20%
position
Any mal position
Grade upward
Limitation of motion elbow joint, radio-ulnar
								motion
unaffected
Remaining range-180° - 135°
35%
Remaining range-135° - 90°
20%
Remaining range-180° - 90°
10%
Rotation at elbow joint
Neutral to full pronation
10%
Neutral to full supination
15%
(9)
				Wrist
Ankylosis, optimum position 30°
30%
dorsiflexion
Mal position
Grade upward
Total loss dorsiflexion
12-1/2%
Total loss palmarflexion
7-1/2%
Total loss inversion
5%
Total loss eversion
5%
(10)
				Complete Sensory Loss
Any digit
50% Lesser involvement to be graded appropriately-
								35% for palmar, 15% for dorsal surface
Total median sensory loss to hand
65-75%
Total ulnar sensory loss to hand
25%
Ulnar nerve paralysis
Above elbow, sensory involvement
50% at wrist
Below elbow, motor and sensory involvement
45-50% at wrist
Below elbow, motor involvement only
35-45% at wrist
Below elbow, sensory involvement
only
5-10% at wrist
Median nerve paralysis
Above elbow, motor and sensory involvement
55-65% at wrist
Thenar paralysis with sensory loss
40-50% at wrist
Radial nerve paralysis
Complete loss of extension, wrist and
								fingers
45-55% at wrist
Paroneal nerve paralysis
At level below knee
25-30% at knee
(11)
				Back
Removal of disc material, no undue symptomatic
								complaints or any objective findings
5%
Chymopapain injection
To be rated by doctor
Spinal fusion, good results
5% minimum per level
Implantation of an artificial spinal disc
7.5% per level
Removal of disc material and fusion
10% per level
Cervical fusion, successful
5%
Compression fractures of vertebrae of such degree
								to cause permanent disability may be rated 5% and graded upward
Note: 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.
Examples:
Patient A
12/01/1990
Laminectomy
5% PTD
05/01/1992
Fusion
increases to 10% PTD
Patient B
12/01/1990
Laminectomy & Fusion
10% PTD
05/01/1992
Re-fusion
increases to 15% PTD
12/01/1992
Laminectomy at New Level
increases to 20% PTD
05/01/1993
Fusion at 12/1/92 Level
increases to 25% PTD
12/01/1993
Re-fusion at 5/1/93 Level
increases to 30% PTD
(12)
				Fingers
(a) Complete ankylosis
Thumb
Mid-position
Complete Extension
Distal joint only .........
25%
35%
Proximal joint only ......
15%
20%
Distal and proximal joints .
35%
65%
Carpometacarpal joint only
20%
20%
Distal, proximal and carpometacarpal joints . . .
								.
85%
100%
Fingers
Distal joint only .........
25%
35%
Middle joint only ........
75%
85%
Proximal joint only ......
40%
50%
Distal and middle joints . . .
85%
100%
Distal, middle and proximal joints
								.................
100%
100%
(b)
				Loss of Motion
Fingers
Loss of Flexion
Loss of Use
Loss of Extension
Loss of Use
Distal joint only . . .
10% -
1%
10% -
2%
20% -
2%
20% -
4%
40% -
3%
30% -
6%
40% -
5%
40% -
8%
50% -
10%
50% -
15%
60% -
15%
60% -
20%
70% -
20%
70% -
30%
80% -
25%
80% -
40%
100% -
60%
Middle joint only . .
10% -
5%
10% -
2 1/2%
20% -
10%
20% -
5%
30% -
15%
30% -
10%
40% -
25%
40% -
15%
50% -
40%
50% -
30%
60% -
50%
60% -
50%
70% -
60%
70% -
70%
80% -
70%
80% -
90%
100% -
100%
Proximal joint only
10% -
5%
10% -
2 1/2%
20% -
10%
20% -
5%
30% -
15%
30% -
15%
40% -
20%
40% -
20%
50% -
25%
50% -
25%
60% -
30%
60% -
40%
70% -
35%
70% -
75%
80% -
40%
80% -
85%
90% -
100%