WCPanelIQ
PanelQMEMed-legalGranted in Part

Hu, Yongquan

YONGQUAN HU, Applicant vs. AMERICAN ALLIANCE LOGISTICS, INC., a California corporation; LIANG YE, an individual, substantial shareholder of AMERICAN ALLIANCE LOGISTICS, INC.; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number
ADJ14244909
Decision date
Apr 24, 2025
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
—

Injury / body parts: spine, upper extremities, lower extremities

LC §5909LC §5900LC §4453LC §4662LC §4660.1LC §4659LC §4553CCR §10962

Summary

Yongquan Hu, a truck driver, sustained an industrial injury on March 21, 2020 resulting in quadriplegia and was found permanently and totally disabled. Both applicant and the Uninsured Employers Benefits Trust Fund (UEBTF) sought reconsideration of the February 10, 2025 Amended Findings and Award, which calculated average weekly earnings of $1,423.41 based on earnings from multiple employers in the prior year. Applicant argued earnings should be based solely on his at-injury employer's wages ($2,014.59/week), while UEBTF noted that one week of wages ($2,014.53) was inadvertently omitted. The Board adopted the WCJ's report, granting reconsideration to correct the omitted week (raising AWE to $1,462.15 and the total disability rate to $974.77), but rejected applicant's argument that only the at-injury employer's wages should be used, affirming the multi-employer averaging approach under Labor Code section 4453(c)(3).

Issues

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Holding

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Analysis

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Defense takeaway

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