Buczkowski, Elizabeth

Applicant Elizabeth Buczkowski sustained an admitted specific industrial injury on October 5, 2016 when a trash can fell on her left foot and big toe, leading to surgery, the development of CRPS, and spread of disability to both lower extremities. The WCJ found a 79% unapportioned permanent disability award based on PQME Dr. Galloni's reporting, rejected non-industrial apportionment as not substantial evidence, found no cumulative trauma injury, upheld a Class 4 50% WPI station/gait rating, and awarded EDD lien reimbursement. Defendant sought reconsideration arguing the record needed development, the PQME report was not substantial evidence, apportionment and a CT should have been found, the WPI class was wrong, and the EDD lien should be denied. The WCAB adopted and incorporated the WCJ's comprehensive report and denied reconsideration. The Board also independently noted that under Hikida, new disability arising from industrial medical treatment (the failed surgery causing CRPS) would not be subject to apportionment.