Mordechai Cohen — ADJ9042051

Applicant Mordechai Cohen, injured June 10, 2010 while employed by Airgas Inc., appeared in pro per at trial and stipulated that his earnings were $724.80 per week. After the F&O issued, he retained counsel and filed a Petition for Reconsideration seeking to be relieved of the earnings stipulation, arguing the wage calculation improperly averaged in a mid-2006 period of low or zero earnings. The Board granted reconsideration, holding that a stipulation does not bind the WCJ, who retains authority under Labor Code section 5702 to further investigate to determine the matter in controversy, and that the Opinion on Decision failed to explain how the earnings finding was supported by substantial evidence. The Board amended the F&O to defer the issue of earnings, affirmed it in all other respects, and returned the matter to the WCJ for further proceedings to consider whether applicant should be relieved of the stipulation and whether a different rate is appropriate.