Appeal of Wal-Mart Stores

The petitioner, Wal-Mart Stores (Wal-Mart), appeals the compensation appeals board’s (board) decision to grant the respondent, David Hargreaves, a twenty-eight percent permanent impairment award. We vacate and remand.

While employed by Wal-Mart, the respondent injured his left shoulder lifting and separating snow blowers. Wal-Mart’s insurance carrier, American International Group (AIG), accepted the respondent’s claim, but disputed the extent of his permanent impairment. The neurosurgeon who operated on the respondent determined that he suffered a twenty-eight percent permanent impairment. An…