Garcia Perez, Miguel

Applicant Miguel Garcia Perez sustained an admitted industrial injury to his neck, lumbar spine, and cervical spine on July 21, 2020, while loading boxes when a coworker's thrown box struck him. The WCJ repeatedly issued amended Findings and Awards finding applicant was not a maximum earner despite the parties' March 11, 2024 stipulation that applicant was a max earner, found 49 weeks of temporary disability, and rejected defendant's apportionment claim. Both parties sought reconsideration. The Appeals Board granted applicant's petition and denied defendant's, holding the WCJ could not contradict the binding earnings stipulation without a hearing under section 5702, deferring temporary disability and attorney's fees for development of the record, and affirming the WCJ's rejection of apportionment because defendant failed to meet its burden of proof under sections 4663 and 4664. The Board also admonished applicant's counsel for inflammatory and disrespectful language violating WCAB Rule 10421(b)(9).