CompFox AI Summary
This case concerns a dispute over the calculation of an injured construction laborer's average weekly earnings (AWW) for temporary total disability (TTD) benefits. The applicant sought TTD based on an AWW of $1,085.60, while the defendant proposed an AWW of $805.58. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's earnings were irregular. The WCAB ultimately amended the original award, reducing the TTD rate to $537.05 per week based on an AWW of $805.58, applying Labor Code section 4453(c)(4) to reflect the applicant's actual earning capacity rather than a hypothetical full-time wage.
Full Decision Text1 Pages
This case concerns a dispute over the calculation of an injured construction laborer's average weekly earnings (AWW) for temporary total disability (TTD) benefits. The applicant sought TTD based on an AWW of $1,085.60, while the defendant proposed an AWW of $805.58. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's earnings were irregular. The WCAB ultimately amended the original award, reducing the TTD rate to $537.05 per week based on an AWW of $805.58, applying Labor Code section 4453(c)(4) to reflect the applicant's actual earning capacity rather than a hypothetical full-time wage.
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