WCPanelIQ
PanelGranted

Jermaine Pritchett — ADJ20695668

JERMAINE PRITCHETT, Applicant vs. WESTERN EXPRESS, INC.; SUNZ INSURANCE COMPANY, administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number
ADJ20695668
Decision date
Jun 11, 2026
District office
Redding
WCJ
Swanson
Claim administrator
Next Level Administrators (administering SUNZ Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: low back, left shoulder, neck

LC §4453LC §4456LC §4459LC §5900LC §5903LC §5909CCR §10605CCR §10600CCR §10940CCR §10615

Summary

Applicant Jermaine Pritchett, a truck driver trainee, injured his low back, left shoulder, and neck on November 20, 2024 while attempting to put tire chains on a truck. The WCJ found injury AOE/COE and set a temporary disability rate of $309.08 per week based on the employer's payroll records reflecting Pritchett's brief training-period earnings. Applicant sought reconsideration, arguing his short employment did not fairly reflect his earning capacity as a truck driver and that his potential future earnings should be used under Labor Code section 4453(c). The Board granted reconsideration, finding the evidentiary record insufficient to determine average weekly wages, and amended the decision to defer the temporary disability rate issue pending further development of the record. The Board noted neither party submitted internet salary advertisements into evidence, applicant's Exhibit 13 (Western Express Job Salary Listing) was not addressed by the WCJ, and the WCAB has a duty to develop the record where evidence is insufficient.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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