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The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.
MARIA CERNA vs. ECKERT COLD STORAGE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA is a workers' compensation case decided in Stockton. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Stockton.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.
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