Aurelio Mercado, vs. Target Stores And Sedgwick Claims Management Services,
This case involves a dispute between Target Stores and Sedgwick Claims Management Services and Aurelio Mercado over a workers’ compensation claim. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues. The Board held that the opinion of applicant’s vocational expert, Mr. Jeff Malmuth, is admissible and rebuts the prima facie evidence of future earning capacity adjustment under Labor Code section 4660(c) and the 2005 Schedule for Rating Permanent Disabilities (PDRS). The Board also held that the DFEC portion of the 2005 Schedule ordinarily is not rebutted by establishing the percentage to which an injured employee’s future earning capacity has been diminished. The Board rescinded the WCJ’s decision and returned
