Rivera Flores, Heber

Applicant Hever Rivera Flores sustained an admitted left shoulder injury on August 28, 2021 while working as an order puller. The WCJ calculated his average weekly earnings (AWE) at $749.42 under Labor Code section 4453(c)(1), based on actual earnings in the 12 months before injury, a period during which his hours and wages were significantly reduced by the COVID-19 pandemic. The WCAB granted reconsideration and amended the AWE to $1,301.46 under section 4453(c)(4) (earning capacity), finding applicant's 2019 pre-pandemic earnings the most accurate reflection of his true earning power because the depressed wages resulted from market forces beyond his control. This increased the TTD rate to $867.64, eliminated the claimed overpayment, and deferred the penalty and attorney fee issues. The Board also addressed its tolling of the 60-day reconsideration period under Shipley due to administrative delay in transmitting the file, and corrected a typographical error to reflect the left shoulder.