Appeals Panel Remands for Radiculopathy Rating Error

The Division of Workers’ Compensation has posted 13 new opinions of the Appeals Panel on its website. Texas Division of Workers’ Compensation Appeals Panel Decision No. 150283 is among the decisions posted.

In Decision No. 150283, the appeals panel reversed the decision of a hearing officer and remanded the case for further consideration. The appeals panel observed that the hearing officer had adopted an impairment rating, a component of which included radiculopathy, even though no doctor had documented any significant signs of radiculopathy to rate radiculopathy under the AMA Guides.

Relying upon Texas Division of Workers’ Compensation Appeals Panel Decision No. 072220-s, decided February 5, 2008, the Appeals Panel held that to receive a rating for radiculopathy the claimant must have significant signs of radiculopathy, such as loss of relevant reflexes, or measured unilateral atrophy of 2 cm or more above or below the knee, compared to measurements on the contralateral side at the same location.

The case was remanded for the hearing officer to ask the designated doctor to rate the compensable injury while applying the correct methodology for evaluating radiculopathy.