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Marcela Acosta vs. Floyd’s 99 Barbershop; Star Insurance Company, Administered By Illinois Midwest Insurance Company; Tower Select Insurance Company, Administered By Illinois Midwest Insurance Company

Floyd’s 99 Barbershop; Star Insurance Company, Administered by Illinois Midwest Insurance Company; Tower Select Insurance Company, Administered by Illinois Midwest Insurance Company Marcela Acosta WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCELA ACOSTA, Applicant,vs.FLOYD’S 99 BARBERSHOP; STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY; TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, Defendants.Case Nos. ADJ7518237; ADJ7518238OPINION AND ORDERS DENYING PETITION FOR RECONSIDERATION AND ORDER OF REMOVAL ON BOARD MOTION WITH NOTICE OF INTENTION TO ISSUE SANCTIONS (LABOR CODE SECTION 5813)            Applicant seeks reconsideration of the Joint Findings of Fact and Order, issued July 6, 2011, wherein the workers’ compensation administrative law judge (WCJ) found, regarding applicant’s claims for specific injury on January 23, 2010 (ADJ7518237) and a cumulative trauma claim from October 27, 2007 through January 23, 2010 (ADJ7518238)1, that applicant’s “earnings at the time of both alleged injuries were $420.70 per week, producing a temporary disability rate of $280.47 per week.”            Applicant contends that the WCJ erred by finding applicant’s weekly earnings to be $420.70 arguing that unrebutted, credible testimony supports a finding that applicant was also earning $500.00 per week in tips, which was not included in the WCJ’s calculation. Defendants, both Star Insurance Company and Tower Select Insurance, filed an Answer.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted at page 2: “The applicant testified at her deposition that she earns an average of $500.00 per week in tips, in addition to the earnings listed in the W-2. She further testified that she has no documentation or record 1            It was also noted that applicant claims injury to the back, neck, upper extremities, muscular system, skeletal system and psyche in both actions

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