Legal Opinion
Pham v. Workers' Compensation Appeals Board
California Court of Appeal
Decided February 25, 2000No. A077571PublishedCited by 8 opinions
1Opinion of the Court
Opinion
WALKER, J.
The sole issue before this court is the proper method to use for calculating petitioner applicant Ngoc Hai Thi Pham’s “average weekly earnings” pursuant to Labor Code section 4453 in order to determine her correct rate of weekly temporary total disability indemnity payments under section 4653.1 We conclude that the Workers’ Compensation Appeals Board (Board) has improperly utilized subdivision (c)(4) of section 4453 in order *629to justify its erroneous computation of average weekly earnings at the time of injury based solely on the fact that applicant was laid off nine days…
2Cases cited12 opinions
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- Nickelsberg v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1991
- Argonaut Insurance v. Industrial Accident CommissionCalifornia Supreme Court · 1962
- West v. Industrial Accident CommissionCalifornia Court of Appeal · 1947
- State Compensation Insurance Fund v. BrownCalifornia Court of Appeal · 1995
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3Cited by8 opinions
- Stull v. SparrowCalifornia Court of Appeal · 2001
- Leavitt v. County of MaderaCalifornia Court of Appeal · 2004
- Signature Fruit Co. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2006
- EMBASSY LLC v. City of Santa MonicaCalifornia Court of Appeal · 2010
- County of San Joaquin v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2006
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