Home/Case Law/EDEN BOJORQUEZ GERARDO vs. METAL SUPPLY, INC., FEDERAL INSURANCE COMPANY, GALLAGHER BASSETT
Regular DecisionOpinion and Decision After Reconsideration

EDEN BOJORQUEZ GERARDO vs. METAL SUPPLY, INC., FEDERAL INSURANCE COMPANY, GALLAGHER BASSETT

Filed: Mar 13, 2023
San Diego
ADJ11991362

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant's average weekly earnings to be $1,492.25, resulting in a temporary disability rate of $994.83. The WCAB gave great weight to the workers' compensation judge's (WCJ) credibility determinations, finding no substantial evidence to warrant rejection. The WCJ relied on the applicant's W2 information for 2018 and 2019 to calculate earnings due to inconsistencies and lack of clarification in the provided pay stub evidence. The WCJ's calculation closely approximated the defendant's calculation, which was adopted by the WCAB.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant's average weekly earnings to be $1,492.25, resulting in a temporary disability rate of $994.83. The WCAB gave great weight to the workers' compensation judge's (WCJ) credibility determinations, finding no substantial evidence to warrant rejection. The WCJ relied on the applicant's W2 information for 2018 and 2019 to calculate earnings due to inconsistencies and lack of clarification in the provided pay stub evidence. The WCJ's calculation closely approximated the defendant's calculation, which was adopted by the WCAB.

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