Wruck, Steven

Applicant Steven Wruck sustained a traumatic industrial injury on October 28, 2020 to his right ankle, back, and both hips while working as a warehouse manager/laborer, suffering compound tibia/fibula fractures. The WCJ found 73% permanent disability based on QME chiropractor Dr. David Cox's impairment analysis, which combined a 20% gait derangement rating with a 19% Almaraz/Guzman loss-of-lifting-capacity rating (analogized to Table 6-9 of the digestive system chapter) for the right ankle. Defendant sought reconsideration, arguing Dr. Cox's analysis was internally inconsistent and did not constitute substantial medical evidence. The Board majority (Zalewski, Capurro) granted reconsideration, amended the decision to defer permanent disability, and returned the matter for further development of the record because Dr. Cox gave conflicting opinions across his reports and deposition regarding whether the gait rating was 15% or 20% WPI and whether the lifting-capacity rating was alternative to or combined with the gait rating. Commissioner Snellings dissented, agreeing with the WCJ that the ratings accurately reflected the applicant's condition and should stand.