Ogilvie

Labor Code section 4660, subdivision (c) 1 provides that the California permanent disability rating schedule (rating schedule) is “prima facie evidence” of the percentage of permanent disability to be attributed to an employee’s work-related injury in a workers’ compensation case. The core issue presented here is: What showing is required by an employee who contests a scheduled rating on the basis that the employee’s diminished future earning capacity is different than the earning capacity used to arrive at the scheduled rating? Because we cannot conclude on this record whether Wanda Ogilvie effectively rebutted application of the rating schedule, we reverse the decision of the Workers’ Compensation Appeals Board (WCAB), annul the award of benefits to Ogilvie, and remand for further proceedings consistent with our opinion.

FACTUAL AND PROCEDURAL BACKGROUND

Injury

Ogilvie worked for the City and County of San Francisco (CCSF) as a “Muni” bus driver for 17 years. On April 1, 2004, the bus Ogilvie was *1267 driving broke down and needed to be towed back to the repair yard. Ogilvie rode inside the bus while it was being towed. As a result of being jostled about during the…