CompFox AI Summary
This case concerns the calculation of temporary partial disability benefits for a stuntman injured on July 28, 2001, and November 2000. The applicant argued that benefits should be calculated weekly and that later payments should be at the current rate per Labor Code section 4661.5. The Appeals Board affirmed the WCJ's decision, finding that benefits were properly calculated by comparing total pre-injury average weekly earnings to actual earnings over the entire disability period, reflecting the sporadic nature of the applicant's work. The Board clarified that Labor Code section 4661.5 only applies to temporary total disability, not temporary partial disability.
Full Decision Text1 Pages
This case concerns the calculation of temporary partial disability benefits for a stuntman injured on July 28, 2001, and November 2000. The applicant argued that benefits should be calculated weekly and that later payments should be at the current rate per Labor Code section 4661.5. The Appeals Board affirmed the WCJ's decision, finding that benefits were properly calculated by comparing total pre-injury average weekly earnings to actual earnings over the entire disability period, reflecting the sporadic nature of the applicant's work. The Board clarified that Labor Code section 4661.5 only applies to temporary total disability, not temporary partial disability.
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