Average Weekly Wage Does Not Include Unproved Overtime Pay: Cal. Comp. Cases January Advanced Postings (1/23/2013)

Average Weekly Wage Does Not Include Unproved Overtime Pay: Cal. Comp. Cases January Advanced Postings (1/23/2013)

Here’s the fourth batch of advanced postings for the January 2013 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the cases to read the complete headnotes.

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Yolanda Cruz Garduno, Petitioner v. Workers' Compensation Appeals Board, Bugatto Enterprises, Inc./Robert Bugatto Enterprises, The Travelers Casualty Company of America, Respondents, 2013 Cal. Wrk. Comp. LEXIS 1

Average Weekly Wages—Overtime—WCAB held that applicant's weekly wages were $308.43 for purpose of computing her compensation rate for 10/4/2010 industrial injury, based on applicant's testimony, wage statements from employer, and pay stubs from applicant, with computation not including overtime pay, when WCAB found that...

Workers’ Compensation Judges—Disqualification—WCAB, denying applicant’s petition to disqualify WCJ, held that applicant did not show bias or enmity by WCJ to applicant’s attorney and that WCJ behaved appropriately at hearing, when applicant contended that she worked overtime but was not paid for overtime and that employer forced her to falsify time cards, when WCAB found that …

Warner Brothers, PSI, Petitioner v. Workers' Compensation Appeals Board, Genoveva Ayala, Respondents, 2012 Cal. Wrk. Comp. LEXIS 180

Petitions for Reconsideration—Final Orders—WCAB dismissed defendant’s petition for reconsideration of its previous decision, finding that its previous decision was not final order within meaning of Labor Code § 5900(a), 5902, or 5903, when…

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