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The Appeals Board reversed the trial judge's decision, finding that Labor Code section 4458.5 did not apply to a firefighter who retired before developing a work-related cancer that manifested years later. Consequently, the applicant's average weekly earnings for indemnity benefits were determined by his stipulated zero earnings at the time of disability, not his pre-retirement earnings, resulting in the minimum indemnity rate. The Board emphasized that earnings are assessed at the time of first compensable disability, and section 4458.5's specific enumerated statutes and timeframes were not met.
Full Decision Text1 Pages
The Appeals Board reversed the trial judge's decision, finding that Labor Code section 4458.5 did not apply to a firefighter who retired before developing a work-related cancer that manifested years later. Consequently, the applicant's average weekly earnings for indemnity benefits were determined by his stipulated zero earnings at the time of disability, not his pre-retirement earnings, resulting in the minimum indemnity rate. The Board emphasized that earnings are assessed at the time of first compensable disability, and section 4458.5's specific enumerated statutes and timeframes were not met.
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