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

Case No. ADJ7410586
Regular
May 18, 2012

Randall Salcido vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the WCJ's finding that the applicant's temporary disability benefits should be based on his earnings as a teacher on the date of injury. The defendant argued that benefits should be based on the applicant's lower subsequent earnings as a warehouse supervisor, as the transfer was anticipated. However, the Board held that the applicant's actual earnings as a teacher reflected his earning capacity and that the lower warehouse supervisor wage was an aberrant basis for calculation. The Board also noted that using the lower wage would incentivize employers to downsize to reduce liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactDisability BenefitsVocational TeacherEarnings CalculationTemporary DisabilityAverage Weekly EarningsEarning CapacityLabor Code Section 4453
References
Case No. ADJ19747880
Regular
Oct 27, 2025

OLGA MAGANA vs. PARTNERS PERSONNEL MANAGEMENT SERVICES, LIBERTY MUTUAL INSURANCE COMPANY

Applicant Olga Magana filed a Petition for Reconsideration challenging a Findings and Order from August 4, 2025, which determined her average weekly wage to be $445.03 using Labor Code section 4453(c)(4). She argued that section 4453(c)(1) should apply, yielding $640.00 weekly. The Appeals Board denied the petition, affirming the WCJ's decision that due to the temporary nature of Magana's employment and her inconsistent work history, section 4453(c)(4) more fairly represented her earning capacity, considering all surrounding circumstances rather than just her hours at the time of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAverage Weekly WageLabor Code Section 4453GoytiaTemporary Agency EmploymentEarning CapacityWCJ Credibility DeterminationSan Francisco
References
Case No. ADJ9064752
Regular
May 12, 2016

SANTOS MARTINEZ vs. TROON GOLF, INC., dba MARIN COUNTRY CLUB, UNITED STATES FIRE INSURANCE COMPANY

This case concerns a dispute over temporary disability indemnity rate calculations following an admitted industrial back, lower extremity, and wrist injury. The employer challenged the administrative law judge's (WCJ) finding of an average weekly earning capacity of \$648.00, arguing insufficient evidence of increased earning potential. The Workers' Compensation Appeals Board affirmed the WCJ's decision, holding that earning capacity is a dynamic assessment considering overall capability, not just actual earnings at the time of injury. The Board cited the applicant's acceptance of a full-time position at a higher wage rate as strong evidence supporting the determined earning capacity.

Earning capacityLabor Code section 4453(c)(4)Average weekly earning capacityTemporary disability indemnityPetition for ReconsiderationFindings and AwardGoytiaMontanaKyllonenGrossmont Hospital
References
Case No. GRO 0034142
Regular
Jan 25, 2008

JOANNE WILLIAMS vs. DENNY'S CORPORATION, AMERICAN HOME ASSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, affirming the applicant's temporary disability indemnity rate based on her anticipated managerial salary. However, the Board deferred issues of credit for overpayments, penalties, and associated attorney's fees due to an undeveloped record regarding actual payments and the specific periods of temporary disability. The case is returned to the trial level for further proceedings on these deferred issues.

WCABReconsiderationTemporary Disability IndemnityPenaltyAttorney's FeesEarnings CalculationEarning CapacityLabor Code 4453GoytiaKyllonen
References
Case No. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
Case No. SRO 0120101, SRO 0120100
Regular
Mar 28, 2008

CYNTHIA L. RICH vs. STATE OF CALIFORNIA, SONOMA DEVELOPMENTAL CENTER, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over how to calculate temporary disability indemnity for an injured worker. The employer argues that indemnity should be based on the applicant's wages at the time of injury, while the applicant seeks a higher rate based on her earning capacity and anticipated future wage increases. The Appeals Board granted reconsideration, finding that a strict application of the wage at the time of injury may not be reasonable given the applicant's employment history and potential for future raises. The case is remanded for further proceedings to determine earning capacity based on reasonably anticipated cost of living adjustments.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersTemporary Disability IndemnityEarning CapacityAverage Weekly EarningsDate of InjuryLabor Code Section 4453(d)Permanent DisabilityMedical Treatment
References
Case No. ADJ7582791
Regular
Jul 30, 2018

DAVID DANLEY vs. WALMART ASSOCIATES, INC., ACE AMERICAN INSURANCE COMPANY

Here's a summary of the case for a lawyer, in four sentences: The applicant, David Danley, who sustained a 100% permanent and total disability, sought to increase his permanent disability indemnity rate beyond the stipulated $410.00 weekly. He argued his recently completed Ph.D. demonstrated an increased earning capacity pursuant to Labor Code § 4453(c)(4), which should be considered despite lower actual earnings at the time of injury. The Workers' Compensation Appeals Board denied reconsideration, agreeing with the WCJ that the applicant failed to provide specific, demonstrable evidence of a concrete job that would have yielded higher earnings. The Board concluded that potential future earnings based on education are too speculative unless supported by specific employment opportunities.

Labor Code section 4453(c)(4)permanent and total disabilityearning capacitypermanent disability paymentaverage weekly earningsstatutory ratesvocational consulting servicesstipulationsreopened recorddissenting opinion
References
Case No. ADJ8825215
Regular
Dec 07, 2015

CARRIE SPELLINGS vs. PACIFIC PULMONARY SERVICES, SOMPO JAPAN INSURANCE COMPANY OF AMERICA, BROADSPIRE

In this workers' compensation case, the employer sought reconsideration of an award of temporary disability benefits. The applicant sustained a low back injury in 2010 and became temporarily totally disabled in 2014. The employer argued the indemnity rate should be based on pre-injury earnings and that the award exceeded the five-year statutory limit. The Board affirmed the award, finding temporary disability should be based on the applicant's actual earning capacity at the time of incapacity, not just the date of injury. Furthermore, the Board held that the five-year limit did not bar the award because the period of temporary disability commenced within that timeframe and the Board was exercising original jurisdiction.

Temporary disability indemnityPetition for reconsiderationFindings and awardLabor Code section 4656(c)(2)Earning capacityDate of injuryDate of temporary total disabilityStipulated earningsIndemnity rateBodnar v. Workers' Comp. Appeals Bd.
References
Case No. ADJ6613795
Regular
May 14, 2013

DANIELLE AMOS vs. ASSOCIATED STUDENTS, SACRAMENTO STATE UNIVERSITY AQUATIC CENTER, Permissibly Self-Insured, Adjusted By SEDGWICK

This case concerns the calculation of an applicant's average weekly wage for workers' compensation purposes. The defendant sought reconsideration of an order finding the applicant's earning capacity was $512 per week, arguing it should not be based on post-injury earnings. The majority of the Appeals Board denied reconsideration, adopting the trial judge's reasoning. However, a dissenting commissioner argued that the record was insufficient and that all post-injury earnings, not just the highest, should be considered to determine the applicant's overall earning capacity.

Workers' Compensation Appeals BoardPetition for ReconsiderationEarning CapacityAverage Weekly WagePost-injury EarningsLabor Code Section 4453(c)Goytia v. Workers' Comp. Appeals BoardEstheticianWCJ ReportDissenting Opinion
References
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