WCPanelIQ
PanelQMEMed-legalLienGranted

McDonald, Alyssa

ALYSSA McDONALD, Applicant vs. FOREVER SARAH’S ELDERLY CARE; UNINSURED EMPLOYER’S BENEFITS TRUST FUND, Defendants

ADJ number
ADJ16667184
Decision date
Dec 29, 2024
District office
Santa Rosa
WCJ
—
Claim administrator
Uninsured Employers Benefit Trust Fund (UEBTF)
Commissioners
—

Injury / body parts: cervical spine/neck, low back, psyche (deferred), head (deferred)

LC §5909LC §5900LC §4453LC §4656LC §4622CCR §10600CCR §9795

Summary

Applicant Alyssa McDonald, a 30-year-old administrator/nurse's aide, sustained admitted industrial injury to her cervical spine and low back on May 5, 2022, while working for an uninsured employer, Forever Sarah's Elderly Care (with UEBTF as defendant). The WCJ found average weekly earnings of $432.64 by dividing total payroll of $22,497.50 by 52 weeks, yielding a TD rate of $288.43. Applicant sought reconsideration, arguing the AWW calculation was erroneous. The Board agreed, finding the payroll journal covered only a 36-week period (not 52), that post-injury reduced earnings and a mid-period pay raise to $25/hour complicated the calculation, and that the record required further development. The Board granted reconsideration and amended the decision to defer the issues of average weekly wage, TD rate, the EDD lien, and attorneys' fees, deleting the TD award pending development of the record.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.