Araceli Uribe — ADJ10822761

Araceli Uribe suffered an industrial injury on August 24, 2014 to her left wrist, forearm, and elbow when her hand was caught in a bottling machine during an earthquake, while working as a temporary bottle line worker. The WCJ found 35% permanent disability at a weekly indemnity rate of $239.67 based on her actual earnings of $6,111.63 during her employment at Treasury Wine Estates. Applicant sought reconsideration arguing that Labor Code §4453(c)(4) earning-capacity method should apply based on her higher historical earnings (2005-2010), which would yield a maximum PD rate of $290. The WCAB denied reconsideration, adopting the WCJ's report that found the actual earnings method appropriate because applicant worked over 30 hours a week, and that even if earning capacity applied, the record lacked sufficient evidence of ability, willingness, and opportunity to work to support a higher rate. The Board also corrected the caption to reflect Intercare Claim Services as CIGA's third-party administrator and cautioned applicant regarding the proper procedure for filing supplemental pleadings.