What the panel ordered
Petition for Reconsideration denied by the Appeals Board on February 9, 2026, affirming the WCJ's findings.
Defendant filed a Petition for Reconsideration of the WCJ's Findings of Fact and Orders issued on November 13, 2025, challenging the average weekly wage determination.
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.
The WCJ found the applicant's testimony regarding tips credible and unrebutted by substantial evidence, supporting the average weekly wage calculation including tips.
From the decision · page 8The undersigned issued a Findings of Fact on 11/13/2025. For tips the undersigned found that the Applicant could assist as many as 20 guests per day to and from their accommodations. The undersigned noted that an estimate of more than 20 guests per day was not credible. The Applicant estimated his tips to be between $5 and $10 per guest.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.