WCPanelIQ
PanelGranted in Part

Russell, Kevin

KEVIN RUSSELL, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CONSUMER AFFAIRS BUREAU OF AUTOMOTIVE REPAIRS, legally uninsured; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ7376924
Decision date
Aug 15, 2024
District office
Riverside
WCJ
Eric Thompson
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: low back, right leg, right hip, right thigh, right foot, urological system, excretory system, reproductive system, psyche

LC §4452.5LC §4453LC §4456LC §4459LC §4650LC §4659LC §3715LC §5300LC §5301LC §4458CCR §10330CCR §10986

Summary

Applicant Kevin Russell was found permanently and totally disabled (100%) from a June 15, 2009 specific injury while working as an Air Quality Representative for the Department of Consumer Affairs. The dispute centered on the proper rate for permanent total disability indemnity: applicant argued for use of the earning capacity method under Labor Code section 4453(c)(4) (yielding a higher rate based on later years' wages, $1,133.31 AWW / $755.54 rate), while the WCJ and Board applied section 4453(c)(1) based on actual earnings at the time of injury ($814.85 AWW / $543.24 rate). The Board granted reconsideration solely to amend the Award to explicitly provide for a life pension award and conform to proper format, but otherwise affirmed the WCJ's calculation. The Board held that because applicant worked full-time with regular, consistent earnings at the time of injury, section 4453(c)(1) was the most reasonable and fair method, rejecting reliance on (c)(4). The PTD rate was affirmed at $543.24 per week with section 4659(c) annual increases.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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