CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found that the judge's calculation of the applicant's average weekly wage was not supported by substantial evidence, relying too heavily on the applicant's inconsistent testimony. The matter was returned to the trial level for further development of the record regarding the applicant's wage loss during temporary partial disability. Additional documentary evidence and testimony concerning contracts, expenses, and potential babysitting income are required for a fair assessment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found that the judge's calculation of the applicant's average weekly wage was not supported by substantial evidence, relying too heavily on the applicant's inconsistent testimony. The matter was returned to the trial level for further development of the record regarding the applicant's wage loss during temporary partial disability. Additional documentary evidence and testimony concerning contracts, expenses, and potential babysitting income are required for a fair assessment.
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