What the panel ordered
Petition for Reconsideration is DENIED.
Petition for Reconsideration of the 04/08/2024 Findings and Order regarding average weekly earnings calculation.
This docket was decided more than once. Shown here is the latest released decision; we also hold December 29, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
From the decision · page 7The most reasonable and fair calculation must exclude the period where applicant received no ongoings at all. Thus, based on Labor Code Section 4453 (c)(4), which provides for deviation from subsection (c) (1), (2) and (3), it is found that the earnings from 07/26/2021 through 01/09/2022 must be used for the proper calculation. The hourly rates for regular time, overtime and double time are the same as on the date of injury.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.