Highlights of Noteworthy Decisions

Decision 213 21
09/03/2021
R. Horne - C. Sacco - K. Hoskin
  • Shoulder condition
  • Permanent impairment {NEL} (physical or functional abnormality or loss)

The worker suffered a right shoulder injury in November 2000. The worker appealed a decision of the Appeals Resolution Officer denying a NEL award for permanent impairment.

The worker underwent a distal clavicle resection. The Board Adjudicative Practice document on permanent impairment rating guidelines for acromioplasty, repetitive strain injuries and splenectomy states that, using a discretionary rating, an acromioplasty, including distal clavicle resection, will be rated at 10% for upper extremity impairment.
The Panel has interpreted this to mean any acromioplasty, including a distal clavicle resection, merits a discretionary rating of 10% for the upper extremity. Further, the Panel agreed with Decision No. 2139/16 that a functional abnormality can exist in the absence of any documented range of motion values.
The appeal was allowed.