Hometown Buffet; Ace American Insurance Company Raveena Waters WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAVEENA WATERS, Applicant,vs.HOMETOWN BUFFET; ACE AMERICANINSURANCE COMPANY, Defendants.Case Nos. ADJ7895581(Sacramento District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Amended Findings and Orders issued by a workers’ compensation administrative law judge (WCJ) on November 6, 2012, wherein the WCJ found that applicant’s average weekly earnings (AWE) are based on her actual earnings and hours of employment for one year preceding the date of injury. The WCJ also found that applicant, while employed as a server, during a cumulative period to March 15, 2011, sustained industrial injury to her right wrist, elbow and her left wrist, and claims to have sustained injury to her shoulders, neck and headaches. Applicant contends that the WCJ erred in finding that her AWE is based on her actual earnings and hours of employment for one year preceding the date of injury, arguing that taking the average of the entire year is inaccurate and inequitable as applied to her concurrent employment because her income from her concurrent employment tripled during the last 3.5 months of the year and substantially increased her earning capacity. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Defendant filed an Answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be granted. For the reasons discussed below, , we will grant reconsideration, rescind the November 6, 2012 Amended Findings and Orders, and return the matter to the trial level for further proceedings and a new decision by the WCJ.FACTS As relevant here, applicant, while employed as a server by HomeTown Buffet during a cumulative period to March 15, 2011, sustain
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