What the panel ordered
Findings and Award issued on November 28, 2022 affirmed
Petition for Reconsideration filed by defendant, denied by WCJ, affirmed by WCAB panel after reconsideration
This docket was decided more than once. Shown here is the latest released decision; we also hold October 28, 2022, May 21, 2021.
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 WCJ correctly calculated the average weekly wage based on earnings at the time of injury, consistent with Labor Code section 4453(c) and relevant case law, rejecting defendant's argument to average over the entire tenure.
From the decision · page 5Under the foregoing authorities, the WCJ is required to determine the employee's AWW based upon the employee's "daily earnings at the time of the injury" and is generally not permitted to utilize evidence of previous earnings to diminish that calculation because the calculation is intended to reflect the employee's earning capacity, not necessarily the employee's earnings history. We discern no error in the F&A.