Home/Case Law/WILBERT HENRIQUEZ vs. EMPYREAM PLUMBING, NEW YORK MARINE and GENERAL INSURANCE COMPANY WORKERS' COMPENSATION
Regular DecisionReconsideration

WILBERT HENRIQUEZ vs. EMPYREAM PLUMBING, NEW YORK MARINE and GENERAL INSURANCE COMPANY WORKERS' COMPENSATION

Filed: Feb 25, 2015
Van Nuys
ADJ9188143

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the denial of his claim for an increased temporary disability indemnity rate. The Board adopted the judge's report, which found that certain deductions from the applicant's pay, including 401(k) contributions and insurance premiums, were properly classified as fringe benefits and excluded from the average weekly wage calculation. Furthermore, the applicant was bound by a prior stipulation agreeing to a specific temporary disability indemnity rate, absent a showing of good cause to be relieved from that stipulation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the denial of his claim for an increased temporary disability indemnity rate. The Board adopted the judge's report, which found that certain deductions from the applicant's pay, including 401(k) contributions and insurance premiums, were properly classified as fringe benefits and excluded from the average weekly wage calculation. Furthermore, the applicant was bound by a prior stipulation agreeing to a specific temporary disability indemnity rate, absent a showing of good cause to be relieved from that stipulation.

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