Civil Liability Regulations 2013
Div 2Thoracic spine or lumbar spine injuries
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Division 2—Thoracic spine or lumbar spine injuries
• This Division does not apply to the following injuries (that are dealt with in items 1 to 3):
• quadriplegia
• paraplegia
• hemiplegia or severe paralysis of more than 1 limb.
• Thoracic or lumbar spine injuries, other than those dealt with in items 1 to 3, range from cases of very severe disability to cases of a minor strain, with no time off work and symptoms suffered only for 2 or 3 weeks
• Symptoms associated with nerve root compression or damage cannot be taken into account in assessing an ISV under item 85 to 87 unless objective signs are present of nerve root compression or damage, for example—
• CT or MRI scans or other radiological evidence
• muscle wasting
• clinical findings of deep tendon reflex loss, motor weakness and loss of sensation.
There must be clinical findings present at the time of examination. Clinical findings must be consistent with radiological objective evidence where present.
Extreme thoracic or lumbar spine injury
These are extremely severe injuries causing gross limitation of movement and serious interference with performance of daily activities. There may be some motor or sensory loss, and some impairment of bladder, ano‑rectal or sexual function.
A fracture involving compression of a thoracic or lumbar vertebral body of more than 50%, with neurological impairment
• An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 25%
• An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of at least 45%.
Serious thoracic or lumbar spine injury
• The injury will cause serious permanent impairment in the thoracic or lumbar spine
• The injury may involve—
(a) bilateral or multilevel nerve root damage; or
(b) a change in motion segment integrity, for example, because of surgery.
A fracture involving at least 25% compression of 1 thoracic or lumbar vertebral body
(a) the injured person has had surgery and symptoms persist; or
(b) there is a fracture involving 25% compression of 1 vertebral body.
• An ISV in the middle of the range will be appropriate if there is a fracture involving 50% compression of a vertebral body, with ongoing pain
• An ISV at or near the top of the range will be appropriate if the injured person has had a fusion of vertebral bodies that has failed—
(a) leaving objective signs of significant residual nerve root damage and ongoing pain, affecting 1 side of the body; and
(b) causing whole person impairment of 24%.
Moderate thoracic or lumbar spine injury—fracture, disc prolapse or nerve root compression or damage