JOHN VLCEK vs. THE HOME DEPOT, permissibly self-insured

This case involves an admitted industrial knee injury where the applicant disputed the awarded 4% permanent disability. The Appeals Board granted reconsideration to address how diminished future earning capacity (DFEC) and AMA Guides impairments are rebutted under the 2005 Schedule. The Board is returning the case to the trial level to allow the judge and parties to apply recent en banc decisions in Ogilvie and Almaraz. These decisions clarify the methods for rebutting the DFEC and AMA Guides portions of the permanent disability rating schedule.