Home/Case Law/MARIA CERNA vs. ECKERT COLD STORAGE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Regular DecisionRegular Panel Decision

MARIA CERNA vs. ECKERT COLD STORAGE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filed: Apr 18, 2018
Stockton
ADJ10092023

CompFox AI Summary

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.

Full Decision Text1 Pages

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.

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