Jose Luis Varas — ADJ2170203

Applicant Jose Luis Varas, a house painter injured October 26, 1992, was found 100% permanently disabled with an average weekly wage of $170.00 based on the 1992 minimum wage of $4.25/hour, with temporary disability awarded at $126.00 per week. Applicant sought reconsideration arguing the WCJ failed to apply Labor Code section 4661.5 to increase his temporary disability rate to the statutory minimum in effect when delayed payments were made, and that his attorney's fee should have considered disputed TD and the present value of the PD award. The Board agreed that under section 4661.5 and Hofmeister, any TD payment made two or more years after the date of injury must be computed at the rate in effect on the date of payment, not the date of injury. The Board rescinded Finding 4 and paragraph (a) of the Award and remanded the temporary disability issue to the WCJ for recalculation, while affirming the balance of the decision. The Board also directed the parties to consider whether the higher Los Angeles minimum wage applies.