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Well, in the Q & A it says it "should not be" used (and it shouldn't - it's expensive if activated too far out). Nowhere does it say it "can't be used." The rider itself makes no mention of permanent, or expectation of permanent, impairment.
I've spoken with the design team and been assured that it need not be permanent. Yes, I have an email in file stating this.
The very first word after the question was YES. In legal contracts, after a definitive answer has been given, shouldn't is the same as no.
Besides, this is the law we are talking about. By law, a 101g rider must have a permanent impairment to trigger it.
Was that an internal at MoO? Or your imo? Either way they are incorrect if MoO is still 101g.