Westside Produce Co. v. Workers' Compensation Appeals Board

Petitioners Westside Produce Company (Westside Produce) and its workers’ compensation insurance carrier, Pan American Underwriters (Pan American) contend the appeals board erred in determining the injured’s earnings for purposes of temporary disability in that the appeals board failed to recognize that the injured was a seasonal employee. We find substantial evidence does not support the basis utilized by the appeals board in computing the injured’s earnings for purposes of temporary disability. Accordingly, we annul the appeals board’s finding as to earnings.

*549 I

The injured, Maria Avila, sustained injuiy arising out of and in the course of her employment to her left wrist on January 21, 1977, while employed by Westside Produce.

In her “Application for Adjudication of Claim” Avila alleged her earnings were maximum (i.e., her earnings entitled her to the maximum temporary disability rate allowed by law). In their answer to the application, Westside Produce and Pan American alleged Avila’s employment was “seasonal.” When this matter proceeded to hearing, Westside Produce produced a wage statement which showed the following pay periods and earnings for Avila while…