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PanelRemanded

Pina Lluberes, Maria

MARIA PINA LLUBERES, Applicant vs. ASSISTED HOME RECOVERY, INC.; BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ16518560
Decision date: Dec 28, 2023
District office: Oxnard
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies
Commissioners: —

Injury / body parts: right shoulder

LC §4650LC §4453LC §5313

Summary

Maria Pina Lluberes, a home caregiver, sustained an admitted industrial injury to her right shoulder on July 29, 2022, from a fall. The sole disputed issue at trial was her average weekly earnings (AWE): applicant claimed $1,050.00 while defendant claimed $694.07. The WCJ found AWE to be $694.07 based on Labor Code section 4453(c)(1). On reconsideration, the WCAB found the trial record insufficient because the earnings report showed hours varying from under 30 to 60 per week and hourly rates ranging from $15.00 to $18.00 with overtime and differentials, with no explanation for the variance. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further development of the record consistent with Hamilton.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.