Ella Vayman — ADJ15074831

Applicant Ella Vayman, a medical billing specialist, sustained a cumulative injury to her wrists, hands, and back ending August 21, 2021, while concurrently employed by IHSS to care for her mother. Defendant stipulated to a temporary total disability indemnity rate of $1,356.31 per week (based on aggregate earnings from both jobs) while applicant's mother was alive, but argued that after the mother's death on October 9, 2021, the IHSS wages should no longer be considered. The WCJ found applicant was temporarily totally disabled as of August 22, 2021, and that her IHSS earnings were properly included in calculating her average weekly wage, rejecting defendant's seasonal-employee and joint-employee arguments. The WCAB adopted and incorporated the WCJ's report and denied reconsideration, also admonishing defense counsel for attaching documents already in the record in violation of WCAB Rule 10945.