Gonzales, Kami

Applicant Kami Gonzales sustained an admitted industrial injury on February 25, 2013 while employed by Walmart as an inventory control clerk, resulting in 100% permanent total disability. The original Findings and Award set the MMI/permanent and stationary date at February 7, 2018 and used earnings of $24.00 per hour based on her training at a surgical institute. Applicant's counsel petitioned for reconsideration, arguing the permanent total disability start date should have been April 25, 2015 (when defendants last paid permanent disability) and that earnings should have reflected earning capacity as a registered nurse at the maximum rate. The WCAB granted reconsideration, adopting the WCJ's report, and rescinded and substituted the F&A to set the PTD start date as April 25, 2015. The Board clarified that COLA adjustments commence on the January 1 after entitlement to permanent disability (here, January 1, 2016), citing Brower and Labor Code section 4659(c). The earnings were ultimately found to be $28.00 per hour based on earnings as a nurse, with a temporary disability rate of $746.66 per week.