Perez, Maria

Maria Perez, a day porter/janitor, claimed industrial injury to multiple body parts while employed by Paragon Services Janitorial; defendant admitted a right knee injury. After trial, the WCJ found injury AOE/COE to the right knee and psyche, set earnings at $426.42 per week (TD/PD rate of $284.28), found applicant was adequately compensated for TD, and deferred other issues pending development of the medical record. Applicant sought reconsideration, challenging the deferral of the back injury, the earnings finding, and the adequacy of TD compensation. The Appeals Board granted reconsideration, finding the WCJ failed to explain how average weekly earnings were calculated under Labor Code section 4453 and that the wage statement was unclear regarding hours, hourly rate, and overtime. The Board amended the F&O to defer findings on average weekly earnings, TD and PD rates, and whether TD was adequately compensated, while affirming the AOE/COE findings and the order to develop the medical record.