Linzy, Michelle

Applicant Michelle Linzy, a guidance counselor, sustained an admitted right ankle injury on January 11, 2022 that later led to diagnoses including avascular necrosis of the talus. The WCJ determined her average weekly wage using earning capacity under Labor Code section 4453(c)(4) ($2,554.64), based on a reasonably anticipated retroactive collective-bargaining salary increase, and imposed a 25% section 5814 penalty for unreasonable delay/refusal of temporary disability. Defendant sought reconsideration challenging the AWW analysis, the inclusion of the negotiated salary increase, and the section 5814 penalty. The Board granted reconsideration and, on its decision after reconsideration, affirmed the AWW determination but rescinded Finding of Fact No. 5 and Award c. (the section 5814 penalty), holding there was no substantial evidence that defendant unreasonably delayed or refused TD payments under the totality of the circumstances.