WCAB

The County of San Joaquin (County) petitions this court for a writ of review of the Workers’ Compensation Appeals Board’s (Board) decision that James Davis (Davis) is a maximum wage earner for purposes of calculating his temporary and permanent disability indemnity benefits.

Davis was employed by the State Compensation Insurance Fund (State Fund) as an attorney and paid a monthly salary of $7,299. While employed there, he was called for jury duty by the County, which paid jurors $5.00 a day for jury service. On his first and only day of jury duty, Davis sustained an admitted industrial injury to his lower back. He returned to work at State Fund and continued to work there, suffering ongoing back pain. Upon his application for temporary and permanent disability benefits, the Board calculated his “average weekly earnings” based upon his salary at State Fund, which entitled him to receive compensation at the maximum rate of pay.

The County contends the Board erred in concluding Davis is entitled to maximum rate benefits, arguing that the rate of pay is governed by Labor Code section 4453, subdivision (c)(2). That provision limits the injured worker’s “average weekly…