What the panel ordered
Petition for reconsideration granted; issue of average weekly earnings deferred for further evidence and argument.
Applicant seeks reconsideration of the December 5, 2023 WCAB decision regarding average weekly earnings calculation.
This docket was decided more than once. Shown here is the latest released decision; we also hold December 5, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found that the applicant was not given due process to respond to the reduction in average weekly earnings and thus deferred the issue to allow further evidence and argument.
From the decision · page 3Following our independent review of the record occasioned by applicant's petition, we are persuaded that the reduction in applicant's average weekly earnings rate was made without providing applicant the opportunity to respond to the issue. (Fortich v. Workers' Comp. Appeals Bd., supra, 233 Cal.App.3d at pp. 1452-1454.)