Everett Fields — ADJ11602559

Applicant Everett Fields, a truck driver, was injured on January 24, 2017 when his truck hit black ice and rolled over. After being initially classified as an independent contractor and receiving $700/week from an employee-funded Occupational Accident Policy, the WCJ found him to be an employee whose claim was not time-barred. The remaining dispute concerned temporary disability indemnity rate, the start date of TD, and defendant's asserted credit for the Occupational Accident benefits. The Board granted reconsideration to study the issues and then affirmed the WCJ's October 26, 2020 Findings of Fact and Award, adopting the WCJ's Report, holding that retroactive TD was properly awarded at $1,251.38 per week under Labor Code §4661.5, that defendant was not entitled to credit for benefits applicant himself funded, and that excluding the untimely January 1, 2019 Occupational Accident Policy did not violate due process.