Document ID: chunk:federal_register_of_legislation:F2023L00223:clause:1_8
Version: federal_register_of_legislation:F2023L00223
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 289401–291257

8      Prior clinically significant radiculopathy and objectively demonstrated disc herniation, consistent with the radiculopathy, but radiculopathy no longer present following conservative treatment.
       or
       Fractures:
             * Compression fracture of one vertebral body of less than 25%; or
             * Posterior element fracture without dislocation (not developmental spondylolysis) that has healed without alteration of motion segment integrity; or
             * Spinous or transverse process fracture with displacement without a vertebral body fracture, with no disruption of the spinal canal.
       Significant signs of radiculopathy, such as dermatomal pain and/or in a dermatomal distribution, sensory loss, alteration of relevant reflex(es), loss of muscle strength or measured unilateral atrophy above or below the knee compared to measurements on the contralateral side at the same location (may be verified by electrodiagnostic findings).
       or
       History of a herniated disc at the level and on the side consistent with objective clinical findings, associated with radiculopathy, or now asymptomatic following surgery for radiculopathy.
10–13  or
       Fractures:
             * Compression fracture of one vertebral body of 25% to 50% – healed without alteration of structural integrity; or
             * Posterior element fracture with displacement disrupting the spinal canal – healed without alteration of structural integrity.
       Loss of motion segment integrity (at least 4.5mm of translation of one vertebra on another, or angular motion greater than 15° at L1-2, L2-3, and L3-4, greater than 20° at L4-5, and greater than 25° at L5-S1). May have complete, or near complete, loss of motion of a motion segment due to developmental fusion, or successful or unsuccessful attempt at surgical arthrodesis.