Lujan

Lujan v. Workers' Compensation Appeals Board

Good Law
175 Cal. App. 3d 212·1985 Cal. App. LEXIS 2825·220 Cal. Rptr. 561·50 Cal. Comp. Cases 693
Court of Appeal of CaliforniaDecember 3, 1985No. B013851California1,982 words

Opinion

Lead Opinion

Woods, J.

Michael T. Lujan (applicant) seeks review of the decision after reconsideration by respondent Workers’ Compensation Appeals Board (Board) modifying the findings of the workers’ compensation judge (WCJ) by reducing the rate for temporary disability indemnity. As we shall explain, the Board’s decision must be annulled.

*214 Applicant, a warehouseman, sustained industrial orthopedic injuries in June, October and November 1980, resulting in intermittent periods of temporary disability.

The parties agreed as to most issues, and submitted the issue of temporary disability indemnity on a handwritten offer of proof setting forth that applicant’s earnings of $9,711.24 in the year preceding the June 18, 1980, industrial injury were sufficient for a temporary disability (TD) rate of $142.96 a week; his earnings of $5.85 an hour for a 40-hour week from June 18, 1980 to July 1981 were sufficient for a TD rate of $156 a week; his earnings of $7.50 an hour for a 40-hour week from July 1981 to June 1982 were sufficient for a TD rate of $175 a week; his weekly earnings of $300 from June 1982 to January 1983 would produce TD of $196 a week; and his earnings thereafter until January 1,…

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