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Case Name | Thrifty Drug Stores Inc. v. WCAB (Kaye) | |
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Date | 08/10/1979 | |
Note | TD rate to be adjusted up for post injury salary increase per collective bargain agreement. | |
Citation | 95 C.A.3d 937, 44 CCC 809 | |
WCC Citation | WCC 28881979 CA |
THRIFTY DRUG STORES, INC. , Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RUFINA KAYE, Respondents. On the date of injury, Kaye's earnings were $131. 20 per week, which would result in a temporary disability rate of $81. 02. 1 These figures are computed on the basis of statutory formula derived by application of Labor Code sections 4453 and 4653. fn. Com. , 79 Cal. App. 2d 711, at page 722 [180 P. 2d 972], "By 'Average Earnings' nothing more is meant than earning capacity. Dole involved an injured who was a part-time worker at the time of injury and later obtained steady full-time employment.
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