Highlights of Noteworthy Decisions

Decision 1126 13
B. Doherty
  • Permanent impairment {NEL} (degree of impairment) (carpal tunnel syndrome)
  • Permanent impairment {NEL} (rating schedule) (AMA Guides)

In Decision No. 1126/13I, the Vice-Chair decided the issues in the worker's appeal, except the issue of the NEL rating for the worker's carpal tunnel syndrome and tenosynovitis.

In assigning a 10% rating for those conditions, the Board used its RSI adjudicative advice document, rather than the AMA Guides. The Vice-Chair accepted the Board's explanation that it was not practical to use the AMA Guides since the AMA Guides suggest that the evaluation take place after the worker has worked for six to eight hours. Since this is logistically close to impossible in every RSI case, the Board used its adjudicative advice document.
The rating assigned under the adjudicative advice document was higher than if the AMA Guides had been used.
The Vice-Chair confirmed the rating as assigned by the Board.