Home/Case Law/VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS
Regular DecisionReconsideration

VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS

Filed: Nov 26, 2012
Los Angeles
ADJ8072993

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

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VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS (2012) – Los Angeles | CompFox