California Court of Appeal

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County of San Joaquin v. Workers' Comp. Appeals Bd., C053016

Decision that respondent is a maximum wage earner for purposes of calculating his temporary and permanent disability indemnity benefits is affirmed as respondent board properly determined that Labor Code section 4453(c)(4) is the proper method for determining respondent's earning capacity and that he was entitled to benefits computed at the maximum rate of pay.

Appellate Information

  • Decided 02/27/2007
  • Published 02/27/2007

Judges

  • BLEASE, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • D'Andre, Peterson, Bobus & Bruscino, James E. Bruscino, for Petitioner.

  • For Appellees:
  • Frailing, Rockwell & Kelly, Modesto, John B. Frailing for Respondent James Davis., No appearance for Respondent Workers' Compensation Appeals Board.
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