Dexter Nitta — ADJ3459081, ADJ183911, ADJ3352607, ADJ477044, ADJ3699308

Applicant Dexter Nitta sustained a cumulative trauma injury ending in 2002 while employed by Ralphs Grocery Company (permissibly self-insured, administered by Sedgwick), and was found 100% permanently totally disabled. The WCJ and Appeals Board originally awarded PTD indemnity at $507.16 per week based on the parties' stipulation to an average weekly earnings of $760.74. On a writ of review limited to the PTD indemnity rate, the Second District Court of Appeal remanded the matter, finding that the statutorily prescribed rate was $490.00 per week. On remand, the Appeals Board concurred that average weekly earnings for a 100% PD injury during this period are capped at $735.00 under Labor Code section 4453(a)(7), producing a PTD rate of 2/3 of $735.00, or $490.00 per week. The Board amended the award accordingly, holding that parties cannot stipulate around statutorily prescribed indemnity rates.