Dickey

We hold the Workers’ Compensation Appeals Board (the Board) erred in awarding temporary disability indemnity at less than the statutory maximum rate for the portion of the temporary disability attributable to applicant’s employment as a volunteer fire fighter.

On May 21, 1986, applicant sustained an industrial injury to his neck and back while employed as a volunteer fire fighter by defendant City of Morro Bay (City).

About two months after that injury, applicant was hired as a fire extinguisher serviceman by defendant Wayco Fire Extinguishers (Wayco). He apparently performed arduous labor at Wayco for almost two years until June 1988. While employed by Wayco, applicant sustained a specific industrial injury to his neck and back in June 1988 and cumulative industrial injury to his neck and back in the September 1986 through June 1988 period of employment, resulting in temporary disability commencing on June 19, 1988.

Applicant claimed workers’ compensation benefits, including temporary disability indemnity for the three industrial injuries.

The parties stipulated applicant’s earnings were minimum at the time of the City injury and the temporary disability rate at the…