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Case Name | Gonzalez v. WCAB (Hunt Wesson) | |
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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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