Vargas, Enrique

Applicant Enrique Vargas sustained a specific injury on August 30, 2019 and the parties stipulated to weekly earnings of $554.13 and a PD rate of $160 per week, the statutory minimum. The WCJ found applicant was not a seasonal worker (rejecting defendant's TTD overpayment theory) yet held applicant to the $160 PD stipulation. On reconsideration, the Board found that applicant's stipulated weekly earnings of $554.13 mathematically require a PD rate of $290 per week (the statutory maximum) under sections 4658(e) and 4453(b)(9), and that the $160 rate only made sense under defendant's rejected seasonal-worker theory. The Board found good cause to set aside the stipulation as inadvertent and contrary to statute, granting reconsideration and amending the award to $290 per week ($106,502.50 total).