Civil Liability Regulations 2013
Div 8Upper limb injuries other than shoulder, amputation, elbow, wrist or hand injuries
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Division 8—Upper limb injuries other than shoulder, amputation, elbow, wrist or hand injuries
Comment about appropriate level of ISV for items 116 to 119 An ISV at or near the top of the range will generally only be appropriate if the injury is to the dominant upper limb.
Extreme upper limb injury, other than an injury mentioned in items 90 to 115
The injury will involve an extremely serious upper limb injury, falling short of amputation leaving the injured person little better off than if the whole arm had been lost.
• A serious brachial plexus injury affecting peripheral nerve function
• A non‑union of a fracture, with peripheral nerve damage to the extent that an arm is nearly useless
• An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 31%
(a) there is a complete brachial plexus lesion shown by a flail arm and paralysis of all muscles of the hand; and
(b) the injury is to the dominant limb.
• An ISV at or near the top of the range will also be appropriate if there is a serious crush injury that causes whole person impairment for the injury of 55%
Serious upper limb injury, other than an injury mentioned in items 90 to 115
• A serious fracture of the humerus, radius or ulna, or any combination of the humerus, radius and ulna, if there is significant permanent residual impairment of function
• A brachial plexus injury requiring nerve grafts with partial recovery of shoulder and elbow function and normal hand function
• An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 16%
• An ISV at or near the top of the range will be appropriate if there is an injury to the dominant limb causing whole person impairment of 30%.
Moderate upper limb injury, other than an injury mentioned in items 90 to 115
• A fracture that causes impairment of associated soft tissues, including nerves and blood vessels
• A fracture with delayed union or infection
• Multiple fractures of the humerus, radius or ulna, or multiple fractures of any combination of the humerus, radius and ulna
118.1 An ISV under this item will be applicable if there is a crush injury causing significant skin or muscle loss with permanent residual impairment, or there is whole person impairment for the injury of 15% 118.2 • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 6% • An ISV in the lower half of the range will be appropriate if there is a complicated fracture of the humerus, radius or ulna, or any combination of the humerus, radius and ulna— (a) requiring open reduction and internal fixation; and (b) from which the injured person has recovered or is expected to recover. Minor upper limb injury, other than an injury mentioned in items 90 to 115