MICHAEL T. LUJAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, VANIER GRAPHICS CORPORATION et al. , Respondents. 1 The Board, in a two-to-one decision, granted reconsideration and concluded that the WCJ erred in utilizing actual post-injury earnings in computing the TD rate. The Board majority concluded that the facts herein were distinguishable from the facts in Thrifty Drug Stores, Inc. v. Workers' Comp. In the Thrifty case, supra, 95 Cal. App. 3d 937, applicant, a full-time retail clerk, sustained industrial injury on March 22, 1971. She was subject to a collective bargaining agreement which provided for wage increases in July 1971 and July 1972.

Download full case here.