> >
Case Name | Rubalcava v. WCAB | |
---|---|---|
Date | 05/22/1990 | |
Note | Specific demonstrable evidence of higher earning capacity but for injury justifies higher indemnity rate. | |
Citation | 220 Cal.App.3d 901 | |
WCC Citation | WCC 29501990 CA |
ROSALINA RUBALCAVA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, PIZZAMANIA et al. , Respondents (Opinion by Woods (A. M. ), P. J. , with George and Goertzen, JJ. , concurring. )Dr. Schusselin, a psychiatrist, diagnosed posttraumatic stress disorder with anxiety, depression, poor recollection, and flashbacks of the accident. SCIF petitioned for reconsideration, challenging the WCJ's findings as to the extent of applicant's psychiatric permanent disability and the disability compensation rate. In a split decision, the Board majority concluded the disability compensation rate should be based on her actual earnings at the time of injury. (1970) 6 Cal. App. 3d 548 [86 Cal. Rptr. 288] [part-time worker at time of injury studying to obtain teaching credential]. )
Download full case here.
Download full case here.