Did you know?
Injuries that are NOT capped are ones where the injury exhibits one of the following:
(ii) a fracture to or a dislocation of the spine
OR
A “Whiplash Associated Disorder (WAD) III” injury that has:
-
(a) objective, demonstrable, definable and clinically relevant neurological signs of injury; or
(b) abnormal reflexes and/or muscle weakness, often with sensory changes in a dermatomal pattern suggesting nerve root impingement (typically due to disc protrusion).
OR
Psychological or emotional injuries such as depression, anxiety, fatigue, insomnia, memory problems, lack of concentration, concussion, headaches, nausea, dizziness.
OR
Any whiplash injury that results in a ‘serious impairment’. Serious impairment means impairment of a physical or cognitive function that result in a substantial inability to perform:
-
1. Essential tasks of your regular employment;
2. Essential tasks of your training or education; or
3. Normal activities of your daily living.
Further, the substantial “inability” has to be:
-
1. Ongoing since the date of the accident; and
2. Not expected to improve substantially.
The criteria to be used to diagnose a WAD III injury are:
-
(a) objective, demonstrable, definable and clinically relevant neurological signs of injury
(b) abnormal reflexes and/or muscle weakness, often with sensory changes in a dermatomal pattern suggesting nerve root impingement (typically due to disc protrusion);
(c) no fracture to or dislocation of the spine.
There are numerous issues to consider when looking at whether injuries are ‘capped’.
Protect your interests and contact Taylor Conway before making any decisions.
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