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Maxwell v. SIIS

3/24/1993

ower back impairment was predicated on her lumbosacral strain, a distinct and separable condition from the pre-existing degenerative arthritic condition in her back. We conclude the district court erred in reversing the appeals officer's award of permanent partial disability for impairment to Maxwell's lower back.


Accordingly, we affirm the district court's reversal of the appeals officer's award for psychological impairment. However, we reverse the district court's reversal of the appeals officer's award for lower back impairment. We remand this case to the district court with instructions to remand to the appeals officer to ascertain the proper whole person permanent partial disability award by taking into consideration only Maxwell's facial disfigurement and lower back impairment.


Steffen, Young and Springer, JJ., concur.






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