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
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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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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