Bledsoe, Travis

Travis Bledsoe, a volunteer firefighter for the County of Napa, sustained an industrial injury to his right shoulder and right arm/knee on July 27, 2021. The WCJ found his earnings to be $2,034.47 per week under Labor Code section 4458 and found that he was entitled to temporary partial disability (not temporary total disability) for the 104 weeks following the injury because he continued to earn income from his business (Travco) in a reduced capacity consistent with his work restrictions. Applicant argued that section 4458 entitled him to maximum temporary total disability without regard to outside earnings. The Board affirmed the WCJ's findings, holding that section 4458 only provides a 'fictitious earnings component' for calculating average weekly earnings, not an automatic entitlement to TTD. The Board granted reconsideration solely to defer the issue of applicant's attorney fees to the trial level.