The Appeals Panel reversed findings that Claimant’s IR was 14% and rendered a decision that the proper rating was 18% in accordance with the DD report.

            The question in the case was whether to award a 5% rating under Cervicothoracic Category II for “guarding.”  The hearing officer determined that awarding the 5% was improper because he did not think “guarding” was present when ROM was normal.

            In reversing the decision and making finding that included the 5% rating, the Appeals Panel stated that there was no requirement under Category II that both guarding and ROM loss be present.  The description under DRE Category II states that the only requirement for a Category II award is guarding or ROM loss or spasm.

AMA GUIDES / FINDING OF IMPAIRMENT RATING BASED ON RADICULOPATHY REVERSED DESPITE CCH FINDING OF RADICULOPATHY

Appeal 080375 - May 15, 2008

The Appeals Panel reversed findings of a 10% IR based on radiculopathy and remanded despite a finding from a prior CCH that the compensable injury extended to radiculopathy.

In order to receive a rating for radiculopathy, there must be atrophy of 2 cm or more or loss of relevant reflexes and those conditions must be spine related (APD 072220-S).