Civil Liability Regulations 2013
Div 3Shoulder injuries
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Division 3—Shoulder injuries
Injuries under items 90 to 93 include subluxations or dislocations of the sternoclavicular joint, acromioclavicular joint or glenohumeral joint. • Soft tissue injuries may involve the musculoligamentous supporting structures of the joints • Fractures may involve the clavicle, the scapula (shoulder blade) and the humerus
Comment about appropriate level of ISV for items 90 to 93 An ISV at or near the top of the range will generally only be appropriate if the injury is to the shoulder of the dominant upper limb.
Extreme shoulder injury
These are the most severe traumatic injuries causing gross permanent impairment.
• A severe fracture or dislocation, with secondary medical complications
• Joint disruption with poor outcome after surgery
An ISV at or near the top of the range will be appropriate if there is whole person impairment of 45% and complete loss of all shoulder function of the dominant upper limb.
Serious shoulder injury
The injury will involve serious trauma to the shoulder causing serious permanent impairment.
• A crush injury
• A serious fracture with secondary arthritis
• Nerve palsies from which the injured person will partially recover
• Established non‑union of a clavicular or scapular fracture despite open reduction and internal fixation (ORIF)
• Established non‑union of a clavicular or scapular fracture if surgery is not appropriate or not possible, and there is significant functional impairment
An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 25% and the injury is to the dominant upper limb.
Moderate shoulder injury 92.1 An ISV under this item will be applicable if there is a whole of person impairment of 10—12%
• Traumatic adhesive capsulitis with discomfort, limitation of movement and symptoms persisting or expected to persist for about 2 years
• Permanent and significant soft tissue disruption, for example, from tendon tears or ligament tears
• A fracture, from which the injured person has made a reasonable recovery, requiring open reduction and internal fixation
• Painful persisting dislocation of the acromioclavicular joint
• An injury to the sternoclavicular joint causing permanent, painful instability
Comment about the appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the injury is to the non‑dominant upper limb • An ISV at or near the top of the range will be appropriate if the injury is to the dominant upper limb
92.2 An ISV under this item will be appropriate if there is a whole person impairment for the injury of less than 10%