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The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that the applicant's Average Weekly Earnings (AWE) and resultant Temporary Disability Indemnity (TDI) rate were improperly determined. The Board found that the applicant's intermittent employment history meant his AWE should be calculated based on his earning capacity under Labor Code section 4453(c)(4), rather than a simple weekly rate. Consequently, the previous Findings and Award were rescinded, and the case was returned for further proceedings to redetermine the applicant's AWE accordingly.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that the applicant's Average Weekly Earnings (AWE) and resultant Temporary Disability Indemnity (TDI) rate were improperly determined. The Board found that the applicant's intermittent employment history meant his AWE should be calculated based on his earning capacity under Labor Code section 4453(c)(4), rather than a simple weekly rate. Consequently, the previous Findings and Award were rescinded, and the case was returned for further proceedings to redetermine the applicant's AWE accordingly.
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