Urlwin
Urlwin v. Workers' Compensation Appeals Board
Opinion
Lead Opinion
Andreen, J.
Petitioner attacks two aspects of respondent board’s decision upon reconsideration of this case.
1. The finding that his temporary total medical disability ended on October 14, 1980.
2. The finding that his earnings were such as to produce a rate for temporary disability of $49 per week for the period April 1, 1980, through October 14, 1980.
*469 On January 28, 1980, petitioner injured his major wrist when he fell from a ladder at work.
The workers’ compensation judge awarded petitioner temporary disability indemnity for the period January 29, 1980, and continuing at the rate of $93.33 per week upon a finding that his earnings were $140 per week. Upon reconsideration, respondent board terminated the medical temporary disability award as of October 14, 1980, and reduced the rate thereof from $93.33 to $49 per week for the period April 1, 1980, through October 14, 1980.
Respondent board’s decision upon reconsideration incorporates by reference the petition for reconsideration of respondent Employee Benefits Insurance Company (hereinafter respondent Company). Petitioner urges that this practice violates Labor Code section 5908.5. 1 We agree.