Wcab

Signature Fruit Company petitions this court to review a decision of the Workers’ Compensation Appeals Board (WCAB) awarding one of its seasonal employees, Eva Ochoa, temporary disability benefits. We recognize that, effective January 1, 2003, an amendment to the workers’ compensation laws established a minimum level of average weekly earnings. This case presents a unique twist to what otherwise might be a fairly simple calculation. The parties stipulated that Ochoa would be employed only during the season, from July 29 through September 9, 2003. The record supports the stipulation by revealing that Ochoa could only recall working as a seasonal employee with Signature Fruit Company in recent years. Under these unique circumstances, we conclude that Ochoa is not entitled to receive temporary disability payments for a time when there is no question that she would not have been working and earning income — whether injured or not.

To illustrate the point, we will assume Ochoa remained temporarily disabled throughout all of 2004. If she did, the WCAB’s award would result in her receiving well over 200 percent of her regular annual income for a time when there is no question…