What the panel ordered
Petition for reconsideration granted; Findings of Fact amended to reflect 2022 statutory maximum rates for temporary total disability (TTD) and permanent total disability (PTD); award amended accordingly; TTD benefits payable at rates in effect at time of payment; PTD rate fixed as of date of injury.p. 8
Defendant sought reconsideration of the April 22, 2026 Findings and Award regarding applicant's injury and disability rates; the WCJ prepared a Report and Recommendation to deny the petition; the Appeals Board granted reconsideration and amended the Findings and Award.
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 Appeals Board granted reconsideration to amend the TTD and PTD rates to reflect the 2022 statutory maximum rates for PTD fixed as of the date of injury and TTD payable at rates in effect at the time of payment, consistent with Labor Code provisions.
From the decision · page 8For the foregoing reasons, IT IS ORDERED that reconsideration of the decision of April 22, 2026 is GRANTED. IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the decision of April 22, 2026 is AFFIRMED, except that it is AMENDED as follows:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Favours Applicant prevailed
This fact established the baseline for calculating disability indemnity rates fixed as of the injury date.
Defendant's last payment of TTD was in 2024, triggering application of Labor Code section 4661.5 for TTD payments made more than two years after injury.
Favours Defendant prevailed
This fact required TTD payments made after two years to be calculated at rates in effect at time of payment, affecting the award calculation.
From the decision · page 3than two years after the injury is payable at the rates in effect at the time payment is made. Accordingly, applicant avers the retroactive TTD award should be made at TTD rates available in 2026. (Answer, at p. 4:3.) The WCJ’s Report observes that defendant’s final payment of TTD was made in 2024. Consequently, the award reflects the statutory maximum TTD rates in effect at the time. (Report, at p. 4.)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Provided medical-legal reports and deposition testimony regarding applicant's injuries and disability.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Labor Code section 4661.5
Applied to determine that TTD benefits paid more than two years after injury must be paid at rates in effect at time of payment, but PTD rates are fixed as of date of injury.
From the decision · page 6Notwithstanding any other provision of this division, when any temporary total disability indemnity payment is made two years or more from the date of injury, the amount of this payment shall be computed in accordance with the temporary disability indemnity average weekly earnings amount specified in Section 4453 in effect on the date each temporary total disability payment is made unless computing the payment on this basis produces a lower payment because of a reduction in the minimum average weekly earnings applicable under Section 4453.
California Labor Code
Labor Code section 4659(b)
Applied to establish that permanent total disability indemnity is paid based on average weekly earnings determined at date of injury.
From the decision · page 5(b) If the permanent disability is total, the indemnity based upon the average weekly earnings determined under Section 4453 shall be paid during the remainder of life.
California Labor Code
Labor Code section 4453(a)(10)
Applied to set maximum average weekly wage rates for temporary and permanent total disability indemnity based on date of injury.
From the decision · page 5(Lab. Code, § 4659(b).) Section 4453(a)(10) sets the maximum average weekly wage rate for a 2022 date of injury as follows:
What proof carried it
The evidence the panel weighed, by kind.
Applicant's average weekly earnings sufficient to warrant maximum TTD rate at date of injury.
Defendant's last payment of TTD was in 2024, affecting applicable TTD rates under Labor Code section 4661.5.
From the decision · page 3than two years after the injury is payable at the rates in effect at the time payment is made. Accordingly, applicant avers the retroactive TTD award should be made at TTD rates available in 2026. (Answer, at p. 4:3.) The WCJ’s Report observes that defendant’s final payment of TTD was made in 2024. Consequently, the award reflects the statutory maximum TTD rates in effect at the time. (Report, at p. 4.)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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