Rosalind Eskridge (Vallery) vs. TARGET STORES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case returns to the trial level for a comprehensive re-analysis of applicant's permanent disability rating, specifically focusing on the Diminished Future Earning Capacity (DFEC) adjustment factor. The Board rescinded the prior award because the judge's decision did not fully adhere to the Ogilvie en banc decisions, which mandate a specific four-step analysis for rebutting the DFEC. The judge must now conduct a complete Ogilvie analysis, potentially developing the record further, to determine if the applicant's demonstrated earning loss and other relevant factors, including Montana factors, justify an individualized DFEC adjustment over the scheduled rating. The applicant bears the burden of proving that her evidence substantially overcomes the prima facie validity of the scheduled DFEC.