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PanelLienGranted

Byrne, Joel

JOEL BYRNE, Applicant vs. GHILOTTI BROTHERS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ17538139
Decision date: Dec 25, 2025
District office: Santa Rosa
WCJ: Hengel
Claim administrator: Zurich American Insurance Company
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left arm, left elbow, shoulder, neck, back, left bicep

LC §5909LC §5900LC §4453LC §4456LC §4457LC §4458LC §4459LC §5952LC §5701LC §5906CCR §10517CCR §10803

Summary

Applicant Joel Byrne, in pro per, sought reconsideration of a WCJ's Findings of Fact that calculated his average weekly wages at $1,011.68, yielding temporary disability indemnity of $674.45 per week, in a left arm injury claim against Ghilotti Brothers (insured by Zurich). Byrne argued the WCJ erred by treating him as a less-than-full-time employee and by omitting pre-injury and post-injury earnings from the AWW calculation. The Board found the evidentiary record scant—no documents conclusively established full-time or part-time status, and the WCJ apparently failed to consider documented post-injury earnings through March 4, 2023. Invoking its constitutional mandate to ensure substantial justice, the Board granted reconsideration, rescinded the September 22, 2025 Findings, and returned the matter to the trial level to develop the record on all factors relevant to earning capacity. The Board declined to address bad faith and penalty allegations as not ripe, since they were not litigated at trial.

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.