CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to an incorrect calculation of the applicant's average weekly wage. The Board found that the administrative law judge erred by not correctly applying Labor Code section 4453(c)(2), which governs aggregate earnings from multiple employers. Specifically, self-employment earnings must be capped at the hourly rate of the employer where the injury occurred if it exceeds that rate. The case is remanded for further proceedings to accurately determine the applicant's hourly earnings from self-employment and the average number of hours worked.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to an incorrect calculation of the applicant's average weekly wage. The Board found that the administrative law judge erred by not correctly applying Labor Code section 4453(c)(2), which governs aggregate earnings from multiple employers. Specifically, self-employment earnings must be capped at the hourly rate of the employer where the injury occurred if it exceeds that rate. The case is remanded for further proceedings to accurately determine the applicant's hourly earnings from self-employment and the average number of hours worked.
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