Magana, Olga

Applicant Olga Magana, a production worker injured on July 13, 2024 while employed through a temporary staffing agency, sought reconsideration of a WCJ's finding that her average weekly wage was $445.03 under Labor Code section 4453(c)(4). Applicant argued that section 4453(c)(1) was mandatory because she worked 40 hours per week, five days a week, which would yield average weekly earnings of $640.00. The WCAB held that because applicant's employment was temporary in nature, the methods in the first three subsections of section 4453(c) could not reasonably and fairly be applied, requiring use of the earning capacity test in section 4453(c)(4). Relying on Goytia, the Board found the WCJ properly calculated earning capacity by considering all surrounding circumstances, including applicant's temporary assignments, recent return after a two-year absence, and earnings before and after injury. The Petition for Reconsideration was denied.