The Court of Appeal refused leave to appeal from Kaye J's construction of DRE Lumbosacral Category IV in Chapter 3 of the AMA Guides, holding that the trial judge's construction was preferable and that the decision below was not shown to be wrong or attended by sufficient doubt. The Court also noted that even on the applicant's alternative construction, the medical evidence supported a finding that the respondent suffered multilevel spine segment structural compromise not requiring the qualifiers 'significant' or 'very significant' under Category IV. The case highlights the acknowledged ambiguity in the AMA Guides on this point, with even medical experts unable to agree on the proper meaning.
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