Home/Case Law/ROBERT SULLIVAN vs. TASTE CATERING, FIRST COMP OMAHA
Regular DecisionReconsideration

ROBERT SULLIVAN vs. TASTE CATERING, FIRST COMP OMAHA

Filed: Jul 09, 2010
San Francisco
ADJ3014811 (SFO 0511804)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the temporary disability rate calculated based on the applicant's estimated tip income. The Board found the applicant's uncorroborated testimony regarding tips lacked credibility, particularly due to contradictory tax return information. The matter was returned to the trial level for further proceedings, urging the parties to agree on earnings or present substantial evidence. This decision emphasizes that earnings calculations must be supported by substantial evidence, not just applicant testimony.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the temporary disability rate calculated based on the applicant's estimated tip income. The Board found the applicant's uncorroborated testimony regarding tips lacked credibility, particularly due to contradictory tax return information. The matter was returned to the trial level for further proceedings, urging the parties to agree on earnings or present substantial evidence. This decision emphasizes that earnings calculations must be supported by substantial evidence, not just applicant testimony.

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ROBERT SULLIVAN vs. TASTE CATERING, FIRST COMP OMAHA (2010) – San Francisco | CompFox