What the panel ordered
Reconsideration granted; WCJ decision amended to clarify no final order on earnings; other findings affirmed
Petition for reconsideration granted to clarify no final order on earnings issue; other findings affirmed
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 WCAB clarified that the issues of average weekly earnings and temporary disability are deferred and returned to the trial level for further proceedings, indicating no final order on these issues.
From the decision · page 2Although the decision contains a finding that is final, the petitioner is only challenging interlocutory findings/orders in the decision regarding development of the record and the recalculation of average weekly earnings. Therefore, we will apply the removal standard to our review. (See Gaona, supra.) Solely for the sake of clarifying that the WCJ did not make any final finding as to the issue of earnings, we will amend Findings of Fact 2 from "[t]he parties are ordered to adjust the applicant's pay to accurately capture unpaid overtime" to "The issues of average weekly earnings and temporary disability are deferred and returned to the trial level for further proceedings. The parties are ordered to adjust the calculation of average weekly earnings, the temporary disability indemnity rate, and penalties and interest, if any. Jurisdiction is reserved at the trial level if there is any dispute.