CompFox AI Summary
This case concerns a dispute over temporary disability indemnity rate calculations following an admitted industrial back, lower extremity, and wrist injury. The employer challenged the administrative law judge's (WCJ) finding of an average weekly earning capacity of $648.00, arguing insufficient evidence of increased earning potential. The Workers' Compensation Appeals Board affirmed the WCJ's decision, holding that earning capacity is a dynamic assessment considering overall capability, not just actual earnings at the time of injury. The Board cited the applicant's acceptance of a full-time position at a higher wage rate as strong evidence supporting the determined earning capacity.
Full Decision Text1 Pages
This case concerns a dispute over temporary disability indemnity rate calculations following an admitted industrial back, lower extremity, and wrist injury. The employer challenged the administrative law judge's (WCJ) finding of an average weekly earning capacity of $648.00, arguing insufficient evidence of increased earning potential. The Workers' Compensation Appeals Board affirmed the WCJ's decision, holding that earning capacity is a dynamic assessment considering overall capability, not just actual earnings at the time of injury. The Board cited the applicant's acceptance of a full-time position at a higher wage rate as strong evidence supporting the determined earning capacity.
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