Wcab

Petitioner California Department of Corrections (Department) challenges a decision of respondent Workers’ Compensation Appeals Board (Board) awarding to respondent Jerry Stentz temporary disability indemnity in the sum of $126 per week. It contends that because Stentz, a state prisoner at the time of his injury, was earning only sentencing credits, he is not entitled to indemnity. We agree and annul the Board’s award.

Facts

Stentz claimed back injury caused by an industrial accident on March 3, 1996, while he was employed as a sorter/steam cleaner in a prison laundry. After his release from prison, Stentz pursued a claim for temporary disability (TD) benefits. The State Compensation Insurance Fund (Fund) determined his benefit amount to be $0.00 per week based on his earnings while imprisoned. Stentz sought a hearing before the Board on the disputed issue of his right to disability benefits based on earning capacity versus actual wages earned. Stentz’s Social Security records of his earnings from 1977 through 2000 were placed into evidence. They showed Stentz earned $11,809 in 1994, his last preincarceration earnings.

After several hearings, the workers’ compensation…