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PanelGranted

Hidalgo, Javier

JAVIER HIDALGO, Applicant vs. DUCOING MANAGEMENT, INC.; SIRIUS POINT AMERICA INSURANCE COMPANY, administered by CORVEL, Defendants

ADJ number: ADJ17503090
Decision date: Date unavailable
District office: Santa Ana
WCJ: —
Claim administrator: CorVel (administering for Sirius Point America Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: various body parts

LC §5814LC §5900LC §5902LC §5903LC §4453LC §4454LC §4650

Summary

Applicant Javier Hidalgo, a laborer, claimed injury to various body parts on January 26, 2023 while working at various off-site locations away from his home base in Anaheim. The WCJ found that applicant's employer-provided lodging and food allowance were part of his wages, set his weekly earnings at $1,439.10, and assessed a 15% penalty under Labor Code section 5814 for unreasonably delayed temporary disability. Defendant sought reconsideration, arguing the lodging and food per diem were special expenses rather than remuneration, that there were mathematical errors in earnings calculation, and that a good faith earnings dispute precluded a 5814 penalty. The Board granted reconsideration, rescinded the Findings and Award, and returned the matter to the WCJ to determine whether the food per diem and lodging constituted 'special expenses' or 'remuneration' under section 4454, and to recalculate earnings, TTD rate, attorney fees, and penalties.

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.