Home/Case Law/DEBORAH PERRONE SMITH vs. TOMMIE W. WHITENER, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DEBORAH PERRONE SMITH vs. TOMMIE W. WHITENER, STATE COMPENSATION INSURANCE FUND

Filed: Feb 04, 2010
San Francisco
ADJ6557198

CompFox AI Summary

This case involves a dispute over the applicant's average weekly earnings (AWE) for workers' compensation indemnity. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found the record insufficiently developed to determine the applicant's actual earnings at the time of injury, which is crucial for calculating her temporary total disability rate. The judge must now re-evaluate the AWE with "due consideration" to actual earnings after obtaining further documentation.

Full Decision Text1 Pages

This case involves a dispute over the applicant's average weekly earnings (AWE) for workers' compensation indemnity. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found the record insufficiently developed to determine the applicant's actual earnings at the time of injury, which is crucial for calculating her temporary total disability rate. The judge must now re-evaluate the AWE with "due consideration" to actual earnings after obtaining further documentation.

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DEBORAH PERRONE SMITH vs. TOMMIE W. WHITENER, STATE COMPENSATION INSURANCE FUND (2010) – San Francisco | CompFox