Rubalcava

In this review proceeding, we conclude respondent Workers’ Compensation Appeals Board (Board) erred in rescinding the finding of the workers’ compensation judge (WCJ) that petitioner’s earning capacity is sufficient to produce permanent disability indemnity at the maximum rate under Labor Code section 4453, subdivision (c)(4).

Petitioner (applicant) admittedly sustained industrial injury to her left hand on April 10, 1986, when her fingers were amputated by a cheese grinder she was operating in the course of her employment by defendant Pizzamania, insured by defendant State Compensation Insurance Fund (SCIF). Orthopedic permanent disability attributable to the left hand injury was not disputed; and the matter proceeded to trial on the issue of psychiatric disability and other issues.

Applicant was 19 years of age at the time of the injury. She testified her job at Pizzamania involved “topping” pizzas, preparing food, and waiting on customers; she worked approximately thirty-two hours a week for five days a week, was paid $4 an hour, and received one meal a day; she was also a full-time student at Rio Hondo College, completing her general education in order to attend a…