Aguilar, Maria

Maria Aguilar, a seasonal housekeeper at Toscana Country Club, sustained a specific injury to multiple body parts on December 21, 2021, resulting in stipulated 46% PD. The WCJ awarded PD at $290.00 per week (statutory maximum) and granted defendant a credit of $5,468.55 against the PD award for alleged TD overpayments under Labor Code section 4909. Defendant sought reconsideration solely arguing the PD rate should be the $160.00 statutory minimum because applicant was a seasonal worker with no proven history of completing a full season. The Board affirmed the $290.00 PD rate, rejecting defendant's speculative AWW calculation, but used its plenary review authority to amend the F&A and defer the section 4909 credit issue, finding the WCJ's award of the credit was not supported by substantial evidence and conflicted with the parties' stipulations. The credit issue was deferred for further development.