CompFox AI Summary
The defendant sought reconsideration of the WCJ's award, arguing the calculation of applicant's average weekly earnings (AWE) was incorrect. The WCJ based the AWE on applicant's recent 40-hour work weeks at $46.00 per hour, totaling $1,840.00. The Board denied reconsideration, upholding the WCJ's calculation based on Labor Code § 4453(c)(1), as applicant was demonstrably working full-time hours immediately prior to injury. Furthermore, the Board noted that even under § 4453(c)(4), considering earning capacity, the applicant's overall circumstances supported the finding.
ROBERT HURLEY vs. CARMEL DEVELOPMENT COMPANY, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in Salinas. 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 Salinas.
Full Decision Text1 Pages
The defendant sought reconsideration of the WCJ's award, arguing the calculation of applicant's average weekly earnings (AWE) was incorrect. The WCJ based the AWE on applicant's recent 40-hour work weeks at $46.00 per hour, totaling $1,840.00. The Board denied reconsideration, upholding the WCJ's calculation based on Labor Code § 4453(c)(1), as applicant was demonstrably working full-time hours immediately prior to injury. Furthermore, the Board noted that even under § 4453(c)(4), considering earning capacity, the applicant's overall circumstances supported the finding.
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