Civil Liability Regulations 2013
Div 13Ankle injuries
Start here
Get a plain-English read of Div 13
Turn the raw legal text into a practical explanation grounded in Civil Liability Regulations 2013.
Division 13—Ankle injuries
Comment about appropriate level of ISV for items 136 to 139 The appropriate ISV for the vast majority of ankle injuries is 1 or 2.
Extreme ankle injury
• A transmalleolar fracture of the ankle with extensive soft tissue damage causing 1 or more of the following:
(a) severe deformity with varus or valgus malalignment;
(b) a risk that any future injury to the relevant leg may lead to a below‑knee amputation of the leg;
(c) marked reduction in walking ability with constant dependence on walking aids;
(d) inability to place the relevant foot for even load‑bearing distribution.
• An ankylosed ankle in a severely misaligned position with severe ongoing pain and other debilitating complications
• Whole person impairment for the injury of more than 20%
• A failed arthrodesis
• Regular disturbance of sleep
• Need for an orthosis for load bearing and walking
Serious ankle injury
An injury requiring a long period of treatment, a long time in plaster or insertion of pins and plates, if— (a) there is permanent significant ankle instability; or (b) the ability to walk is severely limited on a permanent basis
• Unsightly scarring
• The significance of any malunion
• A requirement for modified footwear
• Whether, and to what degree, there is swelling following activity
An ISV under this item will be applicable if there is whole person impairment for the injury of 10—19%
Moderate ankle injury
A fracture, ligamentous tear or similar injury, as evidenced by imaging and causing moderate disability, for example— • difficulty in walking on uneven ground • awkwardness on stairs • irritation from metal plates • residual scarring
An ISV in this range will be appropriate if there is whole person impairment for the injury of 6—9%
Minor ankle injury
A sprain, ligamentous or soft tissue injury or minor or undisplaced fracture
• Whether the injured person has fully recovered from the injury, and if not, whether there is any tendency for the ankle to give way
• Whether there is scarring, aching or discomfort