De Jesus Cardenas, Maria

Applicant Maria De Jesus Cardenas sustained a cumulative trauma injury (October 19, 1979 to June 18, 1991) to her bilateral upper extremities, gastritis/GERD, irritable bowel syndrome, and psyche while working as a machine operator. The parties stipulated to average weekly earnings of $252.08 at the time of injury, but the WCJ calculated the retroactive temporary disability rate based on the present Los Angeles minimum wage ($16.78/hour), reasoning that under Labor Code section 4661.5, payments made more than two years after injury must reflect current Section 4453 earnings, producing a TD rate of $494.73 per week. CIGA (for the insolvent Fremont Indemnity) petitioned for reconsideration. The Board granted reconsideration and amended the award, holding that the parties' stipulation to $252.08 in average weekly earnings was binding and that there was no evidence applicant would have earned the present local minimum wage; the Board limited the retroactive TD rate to the present statutory minimum TTD rate of $242.86 per week (total $114,178.90), and clarified that only unpaid periods of TD are payable at the increased Section 4661.5 rate.