Eugenio Garcia — ADJ17022785

Applicant Eugenio Garcia, an RV Technician, sustained cumulative trauma injury over a November 2017 to November 2022 period. The WCJ awarded temporary disability at $1,764.11 per week by applying Labor Code section 4661.5 and Hofmeister on the theory that no TTD was paid within two years of injury, warranting a current statutory rate. Defendant sought reconsideration, arguing applicant was neither a minimum nor maximum wage earner, so the correct rate was $800.00 per week based on $1,200 average weekly earnings. The Board granted reconsideration, holding that section 4661.5 and Hofmeister apply only to maximum earners whose rate is tied to the SAWW, not to applicant whose rate is calculated at two-thirds of actual earnings. The Board rescinded the F&A and substituted a $800.00 per week rate while adding section 4650(d) penalties and section 5800 interest on retroactive TTD.