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PanelLienGranted in Part

Kenneth Heller — ADJ18296084

KENNETH HELLER, Applicant vs. OCEAN PARK MECHANICAL, INC.; BENCHMARK INSURANCE COMPANY, Defendants

ADJ number: ADJ18296084
Decision date: Oct 5, 2026
District office: Bakersfield District Office
WCJ: —
Claim administrator: Benchmark Insurance Company
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, lumbar spine, bilateral upper extremities, bilateral hips, bilateral lower extremities, thighs, knees

LC §5909LC §5900LC §4903.2LC §4650

Summary

Applicant Kenneth Heller, a sheet metal installer, sustained cumulative industrial injury ending April 1, 2020, and was awarded 48% permanent disability, 104 weeks of temporary disability at $1,038.21/week, and further medical treatment. Applicant challenged the average weekly earnings finding of $1,557.31, while his counsel (Nyman Turkish) challenged the attorneys' fee calculation, arguing fees should be 15% rather than 12% of recovery. The Board affirmed the WCJ's average weekly wage finding based on complete payroll records showing actual hours worked rather than assumed uniform full-time employment. However, the Board granted reconsideration and deferred all attorneys' fee issues because the WCJ improperly computed temporary disability fees based on the gross award (including the EDD lien) rather than the applicant's net recovery. The Board also corrected the commencement date for permanent disability indemnity to the date following the last temporary disability payment.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.