Theodore Lim

The Worker appealed a decision limiting their Non-Economic Loss (NEL) rating for a work-related neck injury to 14%.

The Worker argued that their range of motion measurements fell between the intervals in the AMA Guides and should not be rounded up to a 0% impairment rating.

The Appeals Resolution Officer agreed, finding that rounding up did not fairly recognize the Worker's accepted range of motion deficit.

The Officer applied in-between values, resulting in a 1% increase to the NEL rating, bringing the total to 15%.