CompFox AI Summary
This case involves a dispute over the correct temporary disability indemnity rate for an applicant injured in 2001. The applicant's original agreed rate was $420 per week based on $630 average weekly earnings, but a subsequent injury in 2006 led to payments at $480 per week. The WCJ awarded an indemnity rate of "at least $480 per week" for the 2001 injury, citing post-injury earnings as evidence of earning capacity. The Appeals Board granted reconsideration, rescinded the award, and remanded for further proceedings. The Board emphasized that post-injury earnings should only be considered if scheduled or reasonably anticipated at the time of the 2001 injury, per Kyllonen, and noted insufficient analysis in the WCJ's decision.
Full Decision Text1 Pages
This case involves a dispute over the correct temporary disability indemnity rate for an applicant injured in 2001. The applicant's original agreed rate was $420 per week based on $630 average weekly earnings, but a subsequent injury in 2006 led to payments at $480 per week. The WCJ awarded an indemnity rate of "at least $480 per week" for the 2001 injury, citing post-injury earnings as evidence of earning capacity. The Appeals Board granted reconsideration, rescinded the award, and remanded for further proceedings. The Board emphasized that post-injury earnings should only be considered if scheduled or reasonably anticipated at the time of the 2001 injury, per Kyllonen, and noted insufficient analysis in the WCJ's decision.
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