What the panel ordered
Petition for Reconsideration denied by the Appeals Board on February 9, 2026, affirming the WCJ's findings.
Defendant filed a Petition for Reconsideration of the WCJ's Findings of Fact and Orders issued on November 13, 2025, challenging the average weekly wage determination.
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 found the applicant's testimony regarding tips credible and unrebutted by substantial evidence, supporting the average weekly wage calculation including tips.
From the decision · page 8The undersigned issued a Findings of Fact on 11/13/2025. For tips the undersigned found that the Applicant could assist as many as 20 guests per day to and from their accommodations. The undersigned noted that an estimate of more than 20 guests per day was not credible. The Applicant estimated his tips to be between $5 and $10 per guest.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Favours Applicant prevailed
This testimony was unrebutted and formed the basis for the average weekly wage calculation including tips.
From the decision · page 8The undersigned issued a Findings of Fact on 11/13/2025. For tips the undersigned found that the Applicant could assist as many as 20 guests per day to and from their accommodations. The undersigned noted that an estimate of more than 20 guests per day was not credible. The Applicant estimated his tips to be between $5 and $10 per guest.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Cal. Lab. Code §§ 4453(c)(1), 4453(c)(3), 4454 allow inclusion of tips in average weekly wage calculation.
The Board applied these statutes to determine the average weekly wage including tips based on credible testimony.
From the decision · page 8III DISCUSSION Cal. Lab Code sec. 4454 allows the use of "overtime and the market value of board, lodging, fuel, and other advantages received by the injured employee as part of his remuneration, which can be estimated in money..." as the basis for determining average weekly wage. It is well established that tips are included under sec. 4454. Hartford Accident and Indemnity Co. v. IAC (1919) 41 Cal. App. 543.
What proof carried it
The evidence the panel weighed, by kind.
Applicant's credible and unrebutted testimony regarding tip income was accepted by the WCJ and Appeals Board.
From the decision · page 8The undersigned issued a Findings of Fact on 11/13/2025. For tips the undersigned found that the Applicant could assist as many as 20 guests per day to and from their accommodations. The undersigned noted that an estimate of more than 20 guests per day was not credible. The Applicant estimated his tips to be between $5 and $10 per guest.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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