Document ID: chunk:federal_register_of_legislation:F2023C00151:reg:54:p34
Version: federal_register_of_legislation:F2023C00151
Segment Type: reg
Provision Reference: reg 54 (pt 34/36)
Character Range: 178743–181485

25%-50%).
TEN                                  Crush fracture of a single vertebra with more than 50% compression.

                                   Crush fracture of two or more vertebrae with more than 25% compression of each.
                                  Where applicable, two ratings are to be selected from this table — one for the cervical spine and one for the thoraco-lumbar spine.

No age adjustment permitted for this table

Step 6: Compare the impairment rating obtained in Step 4 with the impairment rating obtained in Step 5. Take the higher rating.

After applying Chapter 19 (Partially Contributing Impairment), the functional impairment rating due to loss of range of movement of the spine is to be compared with the functional impairment due to any crush fractures.

The higher of these two ratings is the final functional impairment rating for the cervical or thoraco-lumbar spine, as the case may be.

The assessment of other effects of spinal conditions.

If a spinal condition causes an effect on limb function, then that effect on limb function is also to be assessed under Parts 3.1 or 3.2 of this chapter (together with the effect of any other accepted conditions contributing to loss of function of the same limb); and if a spinal condition causes a sensory loss, then that sensory loss is also to be assessed under Table 5.4 (together with the effect of any other accepted conditions contributing to that sensory loss).

For example, if a spinal condition which causes a reduced range of spinal movement also interferes with the proper function of the limbs, then a rating from Table 3.3.1 may be combined with a rating from Table 3.1.2 or 3.2.2.

A Cervical Spine Worksheet is provided at page 71.

A Thoraco-Lumbar Spine Worksheet is provided at page 72.

PART 3.4: RESTING JOINT PAIN

An additional rating is to be given from Table 3.4.1 for certain joint pain. This table is to be applied only for frequent joint pain that continues to affect a joint when the joint is no longer in use: for example, pain in the knees continuing for a significant period after ceasing walking and standing, or pain in the shoulders persisting for a significant period after ceasing some task such as hanging out the washing. Pain that limits range of movement or distance that can be walked is already assessed elsewhere (Tables 3.2.1 and 3.2.2).

Table 3.4.1 may be applied for pain in both the upper limbs and lower limbs and intervertebral joints. Only one selection may be made from this table for pain in any joint or combination of joints. However, the table is not to be applied to rate sciatic pain. Sciatic pain is to be rated  by applying Table 3.2.2.

Other Impairment Table 3.4.1
RESTING JOINT