Motheral

Motheral v. Workers' Compensation Appeals Board

Good Law
130 Cal. Rptr. 3d 677·199 Cal. App. 4th 148·2011 Cal. App. LEXIS 1189·76 Cal. Comp. Cases 720
Court of Appeal of CaliforniaAugust 25, 2011No. C063646California2,935 words

Opinion

Lead Opinion

Blease, J.

This appeal concerns the calculation of an injured employee’s “average weekly earnings” for purposes of determining his temporary disability benefits. (Lab. Code, § 4653.)

Bill Motheral worked as a camp ranger for Golden Empire Council, Boy Scouts of America (the Council). He was paid an annual salary equal to 40 hours per week at the minimum wage. His employment contract specified that his salary “include[d] $5,055 per year for [his] living quarters and utilities (gas, electricity and telephone) at the ranger’s residence . . . .” It also provided that he would receive $187.50 a month “for use of [his] vehicle for business . . . .”

Motheral was injured at work in August 2007 and was paid temporary total disability benefits from the date of his injury. The parties disputed whether *151 section 4454 required that the market value of Motheral’s living quarters, utilities, and car allowance be included in computing his average weekly earnings and his resulting disability payment. That section provides in pertinent part: “In determining average weekly earnings . . . , there shall be included ... the market value of board, lodging, fuel, and other advantages received by the…

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