Choice, Michael

Applicant Michael Choice, a 65-year-old ramp service employee, sustained industrial injury to his left heel/Achilles, left ankle, and in the form of a scar on December 15, 2021. The WCJ found 59% permanent disability based on QME chiropractor Dr. Kirsten Schick's report, which combined 16% WPI for loss of muscle strength, 6% WPI for loss of range of motion, and 3% WPI for peripheral nerve injury in the ankle. Defendant sought reconsideration, arguing the rating impermissibly combined muscle strength and range of motion impairments that are duplicative under the AMA Guides (Table 17-2). The Board agreed that the combination was not permissible under a strict AMA Guides rating but found the record could be developed to show an alternative rating better reflects applicant's impairment. The Board granted reconsideration, deferred the permanent disability issue, and remanded for further development of the medical record.