brat04 Member
Posts: 24
Joined: Feb 2006
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Friday October 31, 2008 8:18 AM
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Report indicates - Lumbar MRI revealed multiple levels of disc herniation - 2.9mm broad based disc protrusion at L5-S1; 2.9mm at L2-3; 2.9mm at L1-2 and 3.3 mm at T12-L1, mild broad based disc protrusion at L3-4 and a right paracentral disc bulge at L4-5 with grade I anterolisthesis of 2.5 mm of L3 upon L4. MRI also revealed left laminectomy defects at L5 and S1 with posterior post surgical soft tissue changes. (This Applicant has a prior non-industrial lumbar surgery in 1981. Radiculopathy was involved in the 1981 injury, but for this injury, NCS were successful in ruling out a lumbar/lumbosacral radiculopathy.) This Applicant did not have lumbar surgery relating to this injury.
My thought is that since there is no radiculopathy involved in this injury, it would be rated on the DRE rather than ROM.
In addition to rating this injury per ROM, this doctor provides a 10% WPI per Table 15-7 for the non-industrial 1981 surgery?
Any thoughts would be greatly appreciated.
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