AURELIO MERCADO vs. TARGET STORES, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a dispute over a permanent disability rating for an injured worker, Aurelio Mercado. The WCJ initially found the applicant's vocational expert's opinion admissible, leading to a finding of total disability, and rejected the employer's apportionment argument. However, the Appeals Board rescinded this decision, citing recent en banc rulings in Almaraz and Ogilvie which clarified the standards for rebutting permanent disability ratings. The matter is returned to the trial level for further proceedings and a new decision consistent with these updated legal precedents regarding diminished future earning capacity and apportionment.