Trevino

Trevino v. Workers' Compensation Appeals Board

Good Law
1989 Cal. App. LEXIS 85·207 Cal. App. 3d 1012·255 Cal. Rptr. 162·54 Cal. Comp. Cases 50
Court of Appeal of CaliforniaFebruary 3, 1989No. B031787California1,820 words

Opinion

Lead Opinion

Gilbert, J.

Here we review a decision of respondent Workers’ Compensation Appeals Board (Board). The Board determined that applicant, who had sustained a disability while in a vocational rehabilitation program should be compensated at the rate ($70 a week) in effect at the time of the original industrial injury.

We conclude the Board erred. His compensation should have been at the rate ($140 a week) in effect at the time of the rehabilitation injury.

Applicant admittedly sustained industrial back injury on November 30, 1981, while employed by respondent Pool Well Servicing, insured by respondent Employers Casualty Company. The workers’ compensation judge (WCJ) found in Board case No. 82 SBA 35093 that this industrial injury resulted in 16 percent permanent disability, payable at the indemnity rate of $70 a week.

Following the 1981 injury, applicant engaged in a vocational rehabilitation on-the-job training (OJT) plan. Beginning in February of 1984 he trained at two automobile body shops, Rick’s for approximately one month, and Century for approximately four months. The training was designed to *1014 give applicant experience to become a full-time employee. He was not paid wages or…

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