Gaxiola, Irma

Irma Gaxiola, a seasonal conveyor tender/strawberry sorter, sustained an admitted continuous trauma injury to her cervical, thoracic, and lumbar spine. The WCJ found 61% permanent disability, an Occupational Group of 360, weekly earnings of $440, and awarded temporary disability for the period May 20, 2018 through November 25, 2020 (payable only during work seasons), with permanent disability beginning the day after. Defendant sought reconsideration challenging the AWW calculation, TD period, occupational group, denial of credit, and PD rating. The Appeals Board affirmed most findings (industrial injury, Occupational Group 360, TD entitlement within seasons subject to the 104-week cap, 61% PD, and no credit) but rescinded the findings on earnings/earning capacity, concluding the record was confusing and incomplete on those issues. The Board returned the matter to the trial level for further development and new findings on the correct TD and PD indemnity rates.