The claimant sought catastrophic impairment under Criterion 7. The claimant sustained soft tissue injuries to her left side and developed chronic regional pain syndrome (CRPS) in her left foot as a result of the accident. She had a spinal cord stimulator (SCS) surgically inserted into her spine to address the pain she experienced from the CRPS. The parties disagree on the WPI percentage to be applied in addressing the CRPS and whether she should be assessed with the SCS turned on or off, specifically with respect to gait derangement. The claimant’s assessor attributed 40% WPI for gait (examining her with the SCS off), while the insurer’s assessor attributed 20% (examining her with the SCS on). The AMA Guides state that if an individual’s prosthesis or assistive device can be removed or its use eliminated relatively easily, the organ system should be tested and evaluated without the device. Adjudicator Neilson found that the claimant should be assessed with the SCS off, as its use can be easily eliminated. The SCS can be turned on or off with a remote control. Further, it can be turned off without the claimant’s knowledge by other electronic devices or when the battery runs out. Adjudicator Neilson therefore accepted the claimant’s 40% WPI for gait derangement. She then calculated a total WPI of 56%, and found that the claimant was catastrophically impaired as a result of the accident.
