Vi-Tel; Lumbermans Underwriting Alliance Robert Scharfe WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT SCHARFE, Applicant,vs.VI-TEL; LUMBERMANS UNDERWRITINGALLIANCE, Defendants.Case No. ADJ8139465(Los Angeles District Office)OPINION AND ORDER DENYING RECONSIDERATION Applicant, Robert Scharfe, seeks reconsideration of the Findings and Award, issued February 5, 2013, in which a workers’ compensation administrative law judge (WCJ) found applicant was entitled to temporary disability indemnity of $210.00 per week, based upon earnings of $315.00 per week. The WCJ further found applicant was not entitled to penalty or interest for underpayment of temporary disability benefits. Applicant contends the WCJ erred in determining his average weekly earnings (AWE), arguing that the WCJ failed to consider evidence of applicant’s self-employment income of approximately $3,500.00 to $3,800.00 per month in the year prior to his industrial injury. Applicant further contends the WCJ improperly admitted and relied upon earnings declarations from applicant’s child support cases in Los Angeles County Superior Court, asserting the evidence was not served on applicant until the date of trial. Defendant has filed a response to applicant’s petition. Following our review of the record, and for the reasons set forth below, we shall affirm the WCJ’s determination and deny applicant’s petition for reconsideration.I. Applicant sustained an admitted injury to his brain, bums, internal and cognitive disorder on August 31, 2011, as the result of an electric shock while employed as an electrician by Vi-Tel, Inc. At the trial on the issue of applicant’s AWE, the parties stipulated that applicant’s earnings from Vi-Tel were $315.00 per week, entitling him to temporary disability indemnity at the rate of $210.00 per week. The , parties also stipulated applicant owned a business named ARC Electrical Contractors. Applicant claimed his AWE were $
Robert Scharfe vs. Vi-tel; Lumbermans Underwriting Alliance
This case is about Robert Scharfe, an electrician who was injured on the job and was seeking workers' compensation benefits. Scharfe argued that his average weekly earnings should be based on his self-employment income of approximately $3,500.00 to $3,800.00 per month in the year prior to his industrial injury. The Workers' Compensation Appeals Board denied Scharfe's petition for reconsideration, affirming the administrative law judge's determination that Scharfe's earnings were $315.00 per week, based on his employment with Vi-Tel. The Board found that Scharfe had not provided substantial evidence to support his claim of higher earnings and that his tax returns showed he had no net earnings from self-
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ8139465
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