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Thornton v. Volt Services Group

6/16/2005

h radiculopathy that later resolved would come within DRE Category II, which warranted a 5-8% impairment, or his uncontradicted testimony that the herniated disc warranted a 7% Range of Motion impairment. There was no evidence that the use of either model was preferred or required by the Guides under the circumstances. On remand, the ALJ must determine the impairment the herniated disc caused and award income benefits based on the claimant's entire condition.


The decision of the Court of Appeals is reversed, and the claim is remanded to the AU for further consideration.


Lambert, C.J., and Cooper, Graves, Johnstone, Scott, and Wintersheimer, JJ., sitting.


All concur.




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