Pham

The sole issue before this court is the proper method to use for calculating petitioner applicant Ngoc Hai Thi Pham’s “average weekly earnings” pursuant to Labor Code section 4453 in order to determine her correct rate of weekly temporary total disability indemnity payments under section 4653. 1 We conclude that the Workers’ Compensation Appeals Board (Board) has improperly utilized subdivision (c)(4) of section 4453 in order *629 to justify its erroneous computation of average weekly earnings at the time of injury based solely on the fact that applicant was laid off nine days later by respondent employer Concorde French Bakery, Inc. (Bakery). We vacate the Board’s decision and hold that applicant’s actual earnings at the time of injury accurately reflect both her average weekly earnings under subdivision (c)(1) and (2), as well as her average weekly earning capacity under subdivision (c)(4), for purposes of properly calculating her temporary disability indemnity entitlement under section 4453.

Factual Background

The pertinent facts are undisputed. Applicant, while employed by Bakery as a baker foreman on August 22, 1995, at the age of 35, sustained a work-related…