Case Law Database

MARLON AGUIRRE vs. JACK IN THE BOX, CNA INSURANCE COMPANY

The Appeals Board granted reconsideration of a prior award finding 41% permanent disability for a left knee injury. The Board rescinded the award because the judge's permanent disability rating was not supported by the evidence, specifically the Agreed Medical Examiner's finding of only 17% whole person impairment. The case was returned to the trial level for further proceedings, including formal DEU rating instructions. Additionally, the Board noted the defendant's argument for a 15% reduction in benefits appears inapplicable to the 2004 injury date.