Civil Liability Regulations 2013
Div 5Elbow injuries
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Division 5—Elbow injuries
Comment about appropriate level of ISV for items 96 to 99 An ISV at or near the top of the range will generally only be appropriate if the injury is to the elbow of the dominant upper limb
Extreme elbow injury
The injury will involve an extremely severe elbow injury, falling short of amputation, leaving little effective use of the elbow joint
• Whole person impairment for the injury of between 24% and 42%
• A complex elbow fracture, or dislocation, with secondary complications
• Joint disruption, with poor outcome after surgery
• An injury causing severe limitation of elbow movement with the joint constrained in a non‑functional position
Serious elbow injury
The injury will involve significant disability and require major surgery.
• A serious fracture with secondary arthritis
• A crush injury
• Nerve palsies from which the injured person will partially recover
• Permanent, poor restricted range of movement with the elbow constrained in a satisfactory functional position
An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 23% and the injury is to the elbow of the dominant upper limb.
Moderate elbow injury
The injury will cause moderate long‑term disability but does not require multiple surgeries.
• A fracture, from which the injured person has made a reasonable recovery, requiring open reduction and internal fixation
• An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 5%
• An ISV at or near the top of the range will be appropriate if there is a moderately severe injury to the elbow of the dominant upper limb—
(a) requiring prolonged treatment; and
(b) causing whole person impairment of 10%.
Minor elbow injury
The injury will cause no permanent damage and no permanent impairment of function.
• A fracture with an uncomplicated recovery
• A soft tissue injury with pain, minor tennis elbow syndrome or lacerations