Case Law Database

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.