Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.
This blog previously discussed the legal issues related to workers suffering from Complex Regional Pain Syndrome (CRPS). Under Wisconsin law, there is a vast difference (in effect and value) for an injury to a worker’s “body as a whole” (spine, head) versus a limb injury. CRPS can fall into either category–making it an extremely difficult issue in litigation.
A recent California case provided an interesting case study. While this case involved the use of AMA guides-which Wisconsin does not use–the medical discussion is interesting. Most notably, a section of the AMA guides indicated that “the pathology in CRPS is currently believed to occur in the central nervous system.” A nervous system condition certainly looks like a systemic issue–a “body as a whole” condition.
If CRPS is viewed in that light in Wisconsin, it would open to the door to loss of earning capacity claims involving a CRPS diagnosis.