CompFox AI Summary
This case involves a worker injured in 1985 who claims his temporary total disability (TTD) rate should be based on significantly higher earnings from 2004, not his 1985 income. The Appeals Board denied reconsideration, agreeing with the WCJ that the applicant failed to provide sufficient evidence of a tangible, reasonably expected wage increase at the time of the 1985 injury. Furthermore, the Board upheld the employer's right to credit from a prior third-party settlement, finding no waiver or laches despite the long delay. The Board adopted the WCJ's reasoning, emphasizing that post-injury earnings require specific, demonstrable proof of anticipation at the time of injury to adjust TTD calculations.
MARK SAVOIE vs. NATIONAL TECHNICAL SYSTEMS, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Francisco. 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 San Francisco.
Full Decision Text1 Pages
This case involves a worker injured in 1985 who claims his temporary total disability (TTD) rate should be based on significantly higher earnings from 2004, not his 1985 income. The Appeals Board denied reconsideration, agreeing with the WCJ that the applicant failed to provide sufficient evidence of a tangible, reasonably expected wage increase at the time of the 1985 injury. Furthermore, the Board upheld the employer's right to credit from a prior third-party settlement, finding no waiver or laches despite the long delay. The Board adopted the WCJ's reasoning, emphasizing that post-injury earnings require specific, demonstrable proof of anticipation at the time of injury to adjust TTD calculations.
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