What the panel ordered
Findings and Award and Orders dated September 29, 2021 affirmed except permanent disability rating rescinded and deferred; issues of average weekly earnings and permanent disability deferred pending further proceedings; matter returned to trial level for further proceedings and new decision by WCJ.
Petition for reconsideration granted; decision after reconsideration issued; matter returned to trial level for further proceedings and new decision by WCJ on outstanding issues.
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 must revisit and specify the method for determining average weekly earnings, including room and board as remuneration, as the prior finding was not sufficiently developed or specified.
From the decision · page 6We conclude that the WCJ must revisit the issue of average weekly earnings and specify which provisions of section 4453(c) she wishes to rely upon to determine the issue, including, as appropriate, case law relevant to the four methods of determining the issue described in subdivision (c). If the WCJ finds it appropriate to consider applicant's earning capacity pursuant to subparagraph (4) of section 4453(c), she should further develop the record as deemed necessary to determine that issue. (Telles Transport, Inc. v. Workers' Comp. Appeals Bd. (2001) 92 Cal.App.4th 1159, 1164 (66 Cal.Comp.Cases 1290) [Board may not leave undeveloped matters which its acquired specialized knowledge should identify as requiring further evidence].) We also conclude that the WCJ must include room and board in determining applicant's earnings, pursuant to Labor Code section 4454. This is further discussed below.