Cleveland, Asa

Bellman Asa Cleveland was injured on 3/15/2025 while working at the Beverly Hilton Hotel. At trial, the WCJ found his average weekly wage to be $1,410.00, combining his base salary of $660/week with estimated tip income of $750/week (20 guests/day x $7.50 x 5 days), relying on Labor Code sections 4453(c)(1) and 4453(c)(3). Defendant sought reconsideration, arguing the WCJ erred by relying on applicant's testimony without documentary evidence and denied due process by barring questioning about applicant's IRS tax-reporting compliance. The WCAB panel denied reconsideration, holding that credible, unrebutted testimony constitutes substantial evidence, that applicant was not obligated to produce tax records, and that the cited panel decision (Acosta) was distinguishable and non-binding. The petition was denied.