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Case Name Gonzalez v. WCAB (Hunt Wesson)
Date 12/22/1998
Note Applicant not entitled to TTD after date of retirement (NOTE: distinguishing cases cited within opinion).
Citation 68 Cal.App.4th 843
WCC Citation WCC 28191998 CA
She petitioned this court for a writ of review of the board's decision [68 Cal. App. 4th 846] on this narrow legal issue. She stipulated she did not have any plans to look for work elsewhere once retired from the employ of Hunt-Wesson, Inc. The referee issued a report finding the petitioner's average weekly earnings for purposes of temporary disability were zero after August 10. 'Average weekly earnings' are determined for both temporary and permanent disability payments according to various provisions of section 4453. (1947) 79 Cal. App. 2d 711, 722 [180 P. 2d 972] [earning capacity is 'touchstone' in determining average earnings]. )

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