Grossmont Hospital v. Workers' Compensation Appeals Board

Opinion

HALLER, J.

In this opinion we address whether a wage increase that occurs after an injury can be considered in calculating temporary total disability benefits due. Thrifty Drug Stores, Inc. v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 937 [157 Cal.Rptr. 459] (Thrifty Drug) holds that upon a proper showing such increases can be considered. The question presented here is whether subdivision (d), added to Labor Code 1 section 4453 in 1989, mandates a different result for workers sustaining injury on or after January 1, 1990. We conclude wage increases that were scheduled or…