Target Stores, Permissibly Self-Insured, Administered By, Sedgwick Claims Management Services, Inc., Rosalind Eskridge (Vallery) WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSALIND ESKRIDGE (VALLERY), Applicant,vs.TARGET STORES, permissibly self-insured, administered by, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants.Case No. ADJ2110739 (MON 0313927)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted defendant’s petition for reconsideration of the July 20, 2009 Findings and Award and Order of the workers’ compensation administrative law judge who found that applicant, while employed by defendant as a cashier on November 17. 2003. incurred industrial injury to her knees, right ankle, right shoulder, low back, right hip, and right foot causing 66% permanent disability and a need for future medical treatment. In finding permanent disability of 66%, the WCJ expressed in his Opinion on Decision that the applicant had rebutted the Diminished Future Earning Capacity (DFEC) adjustment factor contained in the 2005 Permanent Disability Rating Schedule (2005 PDR) by expert testimony. Defendant contends that the WCJ incorrectly found that applicant rebutted the DFEC adjustment factor in the 2005 PDRS. and that he did not follow the directions of the Appeals Board as expressed in Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cascs 248 (Appeals Board en banc) (Ogilvie I). As our decision after reconsideration, we rescind the WCJ’s July 20. 2009 decision because the issues w-ere not fully analyzed in accordance with Ogilvie / and Ogilvie v. City anil County of San Francisco (2009) 74 Cal.Comp.Cases 1127 (Appeals Board en banc) (Ogilvie //), which , issued after the WCJ’s decision. The case is returned to the trial level for a complete Ogilvie analysis, including development of the evidentiary record if deemed necessary by the WCJ. Following applicant’s injury and claim for benefits, the part
