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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ13385386
Regular
Nov 17, 2020

ABRAHAM BERNAL vs. NIAGARA BOTTLING, LLC, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the original decision regarding applicant Abraham Bernal's average weekly wage. The WCAB found the prior calculation of $\$1,383.39$ per week was erroneous as it diluted the applicant's earning capacity by using a lower hourly wage than his rate at the time of injury. The Board recalculated the average weekly wage based on actual hours worked, including overtime and holiday pay, at the applicant's established $\$27.00$ per hour rate. This resulted in an amended average weekly wage of $\$1,414.26$, increasing the temporary disability indemnity rate to $\$942.84$ per week.

ADJ13385386NIAGARA BOTTLING LLCSAFETY NATIONAL CASUALTY COMPANYVan Nuys District OfficePETITION FOR RECONSIDERATIONAVERAGE WEEKLY WAGESTEMPORARY DISABILITY INDEMNITYLABOR CODE § 4453(c)EARNING CAPACITYREGULAR WAGE
References
Case No. ADJ6871855
Regular
May 17, 2010

ANAMARIA VITAL (Deceased) JAVIER VITAL, SR. vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the calculation of the average weekly wage for death benefits following the industrial death of Anamaria Vital. The applicant, Javier Vital Sr., contended the WCJ erred by calculating the wage based on a 52-week period instead of the decedent's earnings at the time of death, which included recent pay increases. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the decedent's average weekly wage to be $1,912.04. This revised calculation entitles the applicant to the maximum rate for death benefits.

Anamaria VitalJavier Vital Sr.Golden State FoodsLiberty Mutual Insurance CompanyADJ6871855Petition for ReconsiderationInterim Findings and Awardmachine operatorindustrial injurydeath benefit
References
Case No. ADJ14244909
Regular
Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration
References
Case No. ADJ9664433
Regular
Jan 27, 2020

DANA GRACE vs. PANINO SANTA YNEZ, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns a workers' compensation claim for permanent total disability due to an industrial injury sustained by Dana Grace as a server. Both applicant and defendant sought reconsideration of the initial finding regarding applicant's average weekly earnings. The Board granted both petitions, amending the decision to establish applicant's average weekly wage at $553.50, based on a 40-hour workweek at $11.50 per hour plus a meal allowance. This revised wage establishes a permanent total disability indemnity rate of $369.00 per week, before cost of living adjustments.

Average Weekly EarningsEarning CapacityPermanent Total DisabilityReconsiderationFindings of Fact and AwardIndustrial InjuryWCJPetitions for ReconsiderationLabor Code Section 4659(c)Evidence Code Section 1401(a)
References
Case No. ADJ3325525
Regular
Sep 12, 2008

RODOLFO SALAZAR vs. WESTERN ROOFING SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ's decision to delete Findings of Fact Numbers 6 through 9, to add a new Finding of Fact Number 6 deferring the issues of TD, applicant's average weekly wage and the EDD lien, and to delete paragraphs C and D of the Award. The issues of temporary disability, applicant's average weekly wage and EDD's lien are deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Disability IndemnityAverage Weekly WageEmployment Development DepartmentState Disability BenefitsIndustrial InjuryApplicantDefendant
References
Case No. ADJ10102441
Regular
Jul 20, 2016

MARTHA ALAS vs. WOOD RANCH BARBECUE & GRILL, SENTRY INSURANCE

The Workers' Compensation Appeals Board denied Sentry Insurance's petition for reconsideration, upholding a prior award based on a stipulated average weekly wage. Sentry argued the stipulation was based on a mutual mistake of fact regarding the calculation of the applicant's average weekly wage. The Board found no mutual mistake, as both parties agreed to the figure, and Sentry's subsequent realization of error was unilateral. Therefore, good cause to set aside the stipulation and award was not established.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardAdministrative Law JudgeAverage Weekly WageStipulationMutual Mistake of FactGood CauseTemporary Total DisabilityAttorney's Fees
References
Case No. ADJ20699429
Regular
Sep 15, 2025

VICENTE RAMIREZ vs. FAMILY RANCH, ZENITH INSURANCE COMPANY

Applicant Vicente Ramirez sought reconsideration of a Findings of Fact and Award (F&A) issued by a Workers' Compensation Judge, challenging the findings regarding his employment status and the calculation of his average weekly wage and temporary disability rate. The Appeals Board denied the petition for reconsideration, upholding the WCJ's conclusion that the applicant was not a seasonal employee and had a reasonable expectation of continued employment. The Board found that the evidence presented by the defendant did not support the claim of seasonal employment, affirming the WCJ's calculations for average weekly wage and temporary disability rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardSeasonal EmployeeReasonable Expectation of Continued EmploymentAverage Weekly WageTemporary Disability IndemnityLabor Code section 5909Electronic Adjudication Management SystemFarm Laborer
References
Case No. ADJ206397 (SDO 0230395)
Regular
Mar 03, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This case involves an applicant seeking reconsideration of a workers' compensation award for admitted industrial injuries. The applicant contended the judge erred by not finding total permanent disability based on expert opinions, by miscalculating temporary disability periods, and by incorrectly determining the average weekly wage. The Board denied reconsideration, finding the judge's reliance on the agreed medical examiner's opinion regarding apportionment and disability was sound. The Board also found the issues of temporary disability rates and average weekly wage moot due to prior stipulations and the applicant's lack of standing to claim interest owed to the Employment Development Department.

Agreed Medical ExaminerApportionmentPermanent DisabilityTemporary DisabilityAverage Weekly WageVocational ExpertCumulative TraumaMedical TreatmentPsychiatric InjuryParkinson's Disease
References
Case No. ADJ13157138
Regular
Sep 15, 2025

EDDY PUTMAN vs. BALTIMORE ORIOLES, USF&G, TRAVELERS INDEMNITY COMPANY

Defendant sought reconsideration of a WCJ's Findings of Fact, Award, and Order issued on June 12, 2025, which awarded applicant temporary and permanent disability. The defendant contested the retroactive disability awards, the calculation of the average weekly wage, and the admissibility of medical reports by Dr. Michael Einbund, given a later date of injury finding. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration. The Board affirmed the WCJ's findings regarding the disability awards, the applicant's average weekly wage, and the admissibility of Dr. Einbund's reports, reasoning that the claim's injury period predated January 1, 2005, making the old procedural rules applicable.

Permanent DisabilityTemporary Total DisabilityDate of InjuryLabor Code Section 5412PQMEPetition for ReconsiderationAverage Weekly WageAdmissibility of Medical ReportsLabor Code Section 4062.2Substantial Medical Evidence
References
Case No. ADJ8820335
Regular
Apr 17, 2017

RAHSHON LOYD vs. DOLAN CONCRETE CONSTRUCTION, OLD REPUBLIC CONTRACTORS INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This case concerns the calculation of applicant Rahshon Loyd's average weekly earnings (AWE) for temporary disability indemnity following a $100\%$ permanent and total industrial injury. The defendant argued the WCJ erred by calculating AWE based on a presumed 40-hour work week, instead of applicant's actual irregular earnings history. The Appeals Board granted reconsideration, finding that while applicant's earning capacity was relevant, his historical earnings as a union cement mason, even after attaining journeyman status, did not consistently reflect a 40-hour work week. Consequently, the Board amended the decision to calculate AWE as an average of his weekly wage over the three years prior to injury, resulting in a reduced temporary disability rate.

Workers' Compensation Appeals BoardAverage Weekly EarningsTemporary Disability IndemnityLabor Code Section 4453Earning CapacityUnion Cement MasonJourneymanPermanent and Total DisabilityVocational EvaluatorPetition for Reconsideration
References
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