DAVID HALLAM vs. CITY OF MERCED, Self-Insured, Administered By TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred in calculating temporary total disability benefits. The Board found that the applicant's earnings as a higher-paid urban forestry supervisor should not be included in the calculation, as that position was eliminated and the injury occurred while working as a lower-paid pesticide applicator. Therefore, the Board rescinded the original award and substituted a new finding based on the applicant's actual earnings as a pesticide applicator at the time of injury.