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Case No. ADJ3576959

Regular

Jun 04, 2009

MIGUEL VILELA vs. JERRY THOMPSON AND SONS PAINTING, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves an applicant who sustained a right knee injury while employed as a painter. The defendant sought reconsideration of the initial award, arguing the average weekly earnings (AWE) and temporary disability indemnity (TDI) rate were incorrectly calculated. The defendant also contended the applicant should reimburse EDD and that the defendant should receive credit for overpayment of TDI. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityLabor Code section 4453(c)(4)Employment Development DepartmentEDD ReimbursementOverpaymentBifurcation

References

Case No. ADJ3576959 (OAK 0336251)

Regular

Oct 22, 2008

Miguel Vilela vs. Jerry Thompson and Sons Painting, Inc., Zurich North America Insurance Company

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 Consequently, the previous Findings and Award were rescinded, and the case was returned for further proceedings to redetermine the applicant's AWE accordingly.

Workers' Compensation Appeals BoardMiguel VilelaJerry Thompson and Sons PaintingZurich North America Insurance CompanyADJ3576959OAK 0336251Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Awardindustrial injury

References

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MIGUEL VILELA vs. JERRY THOMPSON AND SONS PAINTING, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

Miguel Vilela vs. Jerry Thompson and Sons Painting, Inc., Zurich North America Insurance Company