FREE DOWNLOAD: Mack v. Atlas Van Lines (Calif. WCAB panel) (AWW; self-employment)

Leslie Adam Mack v. Atlas Van Lines

Average Weekly Wage Determination—Self-Employment—WCAB held that WCJ erred in calculating applicant/driver's temporary disability indemnity rate following 1/14/2007 left knee injury based upon applicant's gross income, without consideration of expenses, and held, instead, that applicant's average weekly self-employment earnings  for purposes of determining temporary disability rate must reflect applicant's net, rather than gross, income pursuant to Labor Code § 4454 and analysis set forth in Hupp v. W.C.A.B. (1995) 39 Cal. App. 4th 84, 45 Cal. Rptr. 2d 859, 60 Cal. Comp. Cases 928. © Copyright 2010 LexisNexis. All rights reserved.

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