Kimberly Miller — ADJ12201284

Kimberly Miller, an in-home caregiver for the California Department of Social Services (IHSS), sustained an admitted industrial injury to her right shoulder and lumbar spine (and claimed left hip injury) on July 17, 2018, while caring for a quadriplegic veteran, Mr. Maddox. The dispute concerned whether a stipend applicant received from the Department of Veterans Affairs (VA) for specialized bowel, bladder, and wound care should be included in her average weekly earnings calculation. The WCJ included the VA stipend, yielding average weekly earnings of $724.05 and a TD rate of $482.70; defendant sought reconsideration. The Board majority granted reconsideration, holding that the VA stipend should be excluded because Mr. Maddox died before applicant stopped working due to her injury, so the stipend's termination was due to his death, not the injury, and did not reflect applicant's earning capacity. The Board amended the average weekly wage to $543.63 and the TD rate to $362.42, affirming the F&O as amended. Commissioner Dodd dissented, arguing the stipend was being received at the time of injury and reflected applicant's actual earnings and specialized skills.