Smith, Damien

Truck driver Damien Smith sustained an industrial injury on January 7, 2015, including a left leg injury that progressed from a comminuted tibial fracture to MRSA-related bone necrosis and ultimately an above-the-knee amputation, plus orthopedic, psychiatric, and internal disability. The WCJ awarded 80% permanent partial disability using the Combined Values Chart (CVC), finding that internal medicine QME Dr. Vally-Mahomed's conclusory opinion that the disabilities were synergistic and should be added did not rebut the presumptively correct PDRS. Applicant sought reconsideration, arguing his disabilities should be added rather than combined and that the WCJ should have developed the record. The majority granted reconsideration, agreeing the QME's one-sentence opinion was insufficient under Vigil, but held the WCJ had an affirmative duty to develop the record, rescinding the F&A and remanding. Commissioner Razo dissented, arguing applicant failed to carry his burden of rebutting the prima facie PDRS despite Vigil issuing a year before trial, and would have affirmed the 80% award.