Permanent Impairments (Universal Bodily Injury Compensation) Regulation

Permanent Impairments (Universal Bodily Injury Compensation) Regulation, M.R. 41/94 The Manitoba Public Insurance Corporation Act , C.C.S.M. c. P215 Regulation 41/94 Registered February 10, 1994 bilingual version (HTML) Table of Contents Section 1 Compensation for permanent impairment based on Schedule ENHANCEMENT FOR SYMMETRICAL ORGANS 2 Evaluation of impairment to symmetrical parts of the body 3 Application of section 2 4 Percentage fixed for deficit existing before accident COMPUTATION ON SUCCESSIVE REMAINDERS 5 Computation of more than one permanent impairment 6 Section 5 not to be applied to percentage based on enhancement factor APPLICATION OF ENHANCEMENT FACTOR 7 Where sections 2 to 5 apply to a victim 8 Coming into force Schedule A Schedule of Permanent Impairments B Calculation of Successive Remainders Compensation for permanent impairment based on Schedule 1 Compensation for permanent impairments shall be determined on the basis of Schedule A. ENHANCEMENT FOR SYMMETRICAL ORGANS Evaluation of impairment to symmetrical parts of the body 2 Subject to sections 3 and 4 and Schedule A, where a permanent anatomicophysiological deficit resulting from an accident impairs symmetrical parts of the body, or impairs a part of the body that is symmetrical to a part of the body that was permanently impaired before the accident, the evaluation of the permanent impairment for the purpose of Part 2 of the Act is determined by multiplying the total percentage of anatomicophysiological deficits impairing the more severely impaired symmetrical part of the body by an enhancement factor of .25 and adding the percentage thus obtained to the percentage attributed to the deficit resulting from the accident. Application of section 2 3 Section 2 does not apply to an anatomicophysiological deficit that (a) affects an internal organ; (b) affects an organ controlling vision, balance or hearing; (c) results from an injury to the central nervous system; or (d) affects teeth. M.R. 61/2015 Percentage fixed for deficit existing before accident 4 For the purpose of section 2, the percentage of an anatomicophysiological deficit existing before an accident shall be fixed under Schedule A or, if the anatomicophysiological deficit does not appear in Schedule A, by using Schedule A as a guideline in accordance with subsection 129(2) of the Act. M.R. 41/2008 COMPUTATION ON SUCCESSIVE REMAINDERS Computation of more than one permanent impairment 5(1) Where a victim has more than one permanent impairment, the percentage of the most severe impairment is computed on the basis of 100% and the percentages of the other impairments, starting with the highest, are computed on the successive remainders, in accordance with Schedule B. 5(2) [Repealed] M.R. 37/2003 M.R. 37/2003 Section 5 not to be applied to percentage based on enhancement factor 6 Section 5 does not apply to the percentage obtained by applying the enhancement factor referred to in section 2. APPLICATION OF ENHANCEMENT FACTOR Where sections 2 to 5 apply to a victim 7 Where sections 2 to 5 apply to a victim, the percentage resulting from the enhancement factor referred to in section 2 is added to the other percentages of deficits after the computation on successive remainders has been made. Coming into force 8 This regulation comes into force on March 1, 1994. SCHEDULE A SCHEDULE OF PERMANENT IMPAIRMENTS Table of Contents DIVISION 1: MUSCULO-SKELETAL SYSTEM Subdivision 1: Upper limb Subdivision 2: Lower limb Subdivision 3: Spine DIVISION 2: CENTRAL AND PERIPHERAL NERVOUS SYSTEM Subdivision 1: Skull, Brain and Carotid Vessels Subdivision 2: Spinal Cord Subdivision 3: Cranial Nerves Subdivision 4: Peripheral Nervous System DIVISION 3: MAXILLOFACIAL SYSTEM Subdivision 1: TMJ Joints Subdivision 2: Fronto-Orbito-Nasal Area Subdivision 3: Throat and Related Structures DIVISION 4: VISION DIVISION 5: UROGENITAL SYSTEM AND FETUS DIVISION 6: RESPIRATORY SYSTEM DIVISION 7: DIGESTIVE TRACT DIVISION 8: CARDIOVASCULAR SYSTEM DIVISION 9: ENDOCRINE SYSTEM Subdivision 1: Hypothalamus, Pituitary, Thyroid And Parathyroid Glands Subdivision 2: Pancreas (Endocrine Function) Subdivision 3: Adrenal Glands DIVISION 10: HEMATOPOIETIC SYSTEM DIVISION 11: COGNITIVE FUNCTION DIVISION 12: VESTIBULOCOCHLEAR APPARATUS DIVISION 13: THE SKIN Subdivision 1: Facial Disfigurement Subdivision 2: Disfigurement of Other Parts Of The Body Subdivision 3: Disfigurement From Partial or Total Amputation DIVISION I: THE MUSCULOSKELETAL SYSTEM Subdivision 1: The Upper Limb SCHEDULE B (Section 5) Calculation of Successive Remainders Table for combining two or more permanent impairments in order to obtain the adjusted value in conformity with the successive remainders principle: (a) Ordinate A% combined with abscissa B% adjusted value; (b) In this Table, decimals have been rounded to the next highest unit; (c) Where several impairments are to be combined, the same procedures is utilized by taking adjusted value as ordinate and combining, in the same manner, as abscissa, the percentage of the third impairment or others where applicable. 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