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This case concerns a dispute over the applicant's temporary disability indemnity rate, which was initially based solely on Social Security earnings. The Appeals Board granted reconsideration, finding the WCJ erred by not considering the applicant's actual post-injury earnings in a modified position. The Board cited case law establishing that post-injury earnings can be considered to fairly determine an injured worker's earning capacity. Consequently, the applicant's weekly earnings were determined to be $450, resulting in a higher temporary disability indemnity rate.
CHRISTOPHER SAN JOSE vs. STAGE TECH, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
This case concerns a dispute over the applicant's temporary disability indemnity rate, which was initially based solely on Social Security earnings. The Appeals Board granted reconsideration, finding the WCJ erred by not considering the applicant's actual post-injury earnings in a modified position. The Board cited case law establishing that post-injury earnings can be considered to fairly determine an injured worker's earning capacity. Consequently, the applicant's weekly earnings were determined to be $450, resulting in a higher temporary disability indemnity rate.
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