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Vitalie Gradunov — ADJ22231572

VITALIE GRADUNOV, Applicant vs. CHARLES HOPE CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ22231572
Decision date
Oct 29, 2026
District office
Santa Rosa
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left hand, bilateral wrists

LC §5909LC §5900LC §4453LC §4906LC §2775LC §3351LC §3357LC §5705LC §510LC §1194CCR §10945

Summary

Pro per applicant Vitalie Gradunov, a machine operator/laborer for Charles Hope Construction, sustained an industrial injury to his left hand and bilateral wrists on April 29, 2025. The PWCJ found average weekly earnings (AWE) of $894.71 by applying Labor Code section 4453(c)(4), reasoning that applicant's work was intermittent and he had multiple employments. Applicant petitioned for reconsideration, arguing his earnings should be $1,800.00 per week based on $45.00/hour for a 40-hour week. The Appeals Board granted reconsideration, conducted an independent review of all four AWE calculation methods under section 4453, and concluded that the section 4453(c)(1) framework (hours worked times daily earnings) could be reasonably and fairly applied because applicant was hired at $45/hour for a 40-hour week with the expectation of continuous full-time work. The Board amended the F&A to find AWE of $1,800.00 and a temporary disability rate of $1,200.00 per week, otherwise affirming the decision.

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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