Average Weekly Wage Based on Earnings on Date of Injury, Not Subsequent Decreased Earnings: Cal. Comp. Cases September Advanced Postings (9/21/2012)

Average Weekly Wage Based on Earnings on Date of Injury, Not Subsequent Decreased Earnings: Cal. Comp. Cases September Advanced Postings (9/21/2012)

Here’s the fourth batch of advanced postings for the September 2012 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the case to read the complete headnote and summary.

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State of California/Department of Corrections and Rehabilitation, State Compensation Insurance Fund, adjusting agency, Petitioners v. Workers' Compensation Appeals Board, Randall Salcido, Respondents, 2012 Cal. Wrk. Comp. LEXIS 115

Average Weekly Earnings—Earning Capacity—WCAB, affirming WCJ, held that under Labor Code § 4453(c)(1) applicant was entitled to disability benefits based on his actual earnings as vocational teacher on date of injury rather than based on his subsequent decreased earnings as warehouse supervisor, when...

City of Oakland, PSI, Petitioner v. Workers' Compensation Appeals Board, Kevin Kennedy, Respondents, 2012 Cal. Wrk. Comp. LEXIS 112

Presumption of Industrial Causation—Heart Trouble—Firefighters—WCAB, in split decision, rescinded WCJ’s finding that Labor Code § 3212 presumption of industrial injury was rebutted by evidence that applicant/firefighter’s injuries to his heart, circulatory system, and cerebrovascular system were caused solely by his pre-existing congenital heart condition, not by any industrially-related cause, and held that …

Alemnesh Haile, Petitioner v. Workers' Compensation Appeals Board, Fair Oaks Estates, Cypress Insurance Company, administered by Berkshire Hathaway Homestate Companies, Respondents, 2012 Cal. Wrk. Comp. LEXIS 113

Temporary Disability—Modified Duty—Abandonment of Employment—WCAB held that applicant/patient caregiver with right shoulder injury abandoned her modified employment on 12/23/2008 and was not entitled to temporary disability benefits on that basis after that date, when applicant left work on 12/20/2008 for extended leave to care for her ill father after defendant had denied applicant’s request for a leave due to its length and to staffing needs, and WCAB found that …

Hasani Lee, Petitioner v. Workers' Compensation Appeals Board, Evergreen International Aviation, Federal Insurance Company, administered by Chubb Services Corporation, Respondents, 2012 Cal. Wrk. Comp. LEXIS 114

Injury AOE/COE—WCAB held that applicant ramp agent did not sustain injury AOE/COE on 9/18/2008 to right eye, jaw, leg, back, neck, head, headaches, left ear, psyche, or other body parts as claimed, when WCAB found that…

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