Kendrick Thimothee — ADJ12833193

Applicant Kendrick Thimothee, a part-time bouncer injured on November 28, 2019, sought to have his average weekly wage and temporary disability rate calculated based on an earning capacity of $579 per week under Labor Code section 4453(c)(4), relying on wages from a prior employer (Universal Security). The WCJ found applicant's actual earnings at Boar Cross'n of $180.76 per week controlled, yielding TD rates of $187.71 (2019), $194.91 (2020), and $203.44 (2021). Applicant petitioned for reconsideration, but the WCAB denied it, adopting the WCJ's report. The Board found applicant's testimony about his ability to work full-time too speculative and held he failed to meet his burden of proving a higher earning capacity, consistent with the factors in Goytia v. WCAB.