Gaul, Thomas

Applicant Thomas Gaul, a state prison inmate, sustained two work-related injuries while incarcerated. The parties stipulated at trial to permanent disability ratings of 22% (ADJ8188338) and 25% (ADJ1655822), each including the 15% increase under Labor Code section 4658(d). Defendant (Department of Corrections Inmate Claims, adjusted by State Compensation Insurance Fund) sought reconsideration, arguing that under the non-binding panel decision Scott v. Cal. Dep't of Corr., the section 4658(d) increase does not apply to inmates because section 3370(a)(5) is a more specific provision. The Board granted reconsideration only to correct a typographical error (changing 83.5 weeks to 85.50 weeks in ADJ8188338) but rejected defendant's substantive argument, holding that section 3370(a)(5) only caps average weekly earnings and does not restrict the 4658(d) increase. The Board also noted that defendant had stipulated to the increase at trial and improperly raised the issue for the first time on reconsideration.