Sandra Peterson vs. Santa Cruz City Schools; Permissibly Self-Insured, Administered By Employers Slef Insurance Services

(SAL 0103841) is a case in which the Workers' Compensation Appeals Board corrected two clerical errors in their Opinion and Order Denying Reconsideration. The errors were in reference to the average weekly earnings of the applicant, which were incorrectly stated as $1,130.94 instead of the correct amount of $1,130.84. The Appeals Board issued an order to correct the clerical errors and affirmed their decision in its entirety.

Santa Cruz City Schools; Permissibly Self-Insured, Administered By Employers Slef Insurance Services Sandra Peterson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA PETERSON, Applicant, vs.SANTA CRUZ CITY SCHOOLS; Permissibly Self-Insured, Administered By EMPLOYERS SLEF INSURANCE SERVICES, Defendant.ADJ4318563 (SAL 0103841)ORDER CORRECTING CLERICAL ERROR            On November 3, 2010, we issued our Opinion and Order Denying Reconsideration. It has come to our attention that there are two clerical errors in the decision. On page 1 at lines 19 and 20, and on page 2 at line 19, the decision references “temporary disability rate of $1,130.94,” when the proper reference should be, “average weekly earnings of $1,130.84.” The Appeals Board may correct a clerical error at any time. (Toccalino v. Worker’s Comp. Appeals Bd. (Sierra Vista Hospital) (1982) 128 Cal.App.3d 543, 558 [47 Cal.Comp.Cases 145].) To avoid confusion and to facilitate a full and complete understanding of our decision, we will issue an order correcting these clerical errors.            In its petition, defendant asserts there is insufficient information for it to comply with Finding of Fact Number 3 of the WCJ’s August 11, 2010 Findings and Award. Finding of Fact Number 3 states that “applicant’s earnings subsequent to the ending date of her employment with Campbell Elementary were $1,130.84.” Defendant asserts that it does not have an ending date for applicant’s employment with Campbell Elementary School and that it is unable to determine on which date the temporary disability rate adjustment should be made. Defendant requests further development of the record as to the ending date of applicant’s employment with Campbell Elementary School. ,             We note that, upon return of this matter to the trial level, defendant may conduct discovery with respect to clarifying the ending date of applicant’s employment at Campbell Elementary School.            For the forgoing reasons,         

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