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
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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