What the panel ordered
The August 5, 2020 Findings of Fact and Award is affirmed; Petition for Reconsideration is denied.
Petition for Reconsideration filed and granted for further study; decision after reconsideration issued affirming prior Findings of Fact and Award.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The court found that the applicant's post-retirement earnings capacity, based on part-time consulting work, was the appropriate basis for calculating temporary disability benefits under Labor Code 4453(c)(4), rather than using the full-time wages at the time of injury under 4453(c)(1).
From the decision · page 4However, applicant avers in the instant Petition for Reconsideration the court erred in using his post-retirement earnings capacity to calculate the average weekly wages, rather than using applicant's wages at the date of injury.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant had a planned transition from full-time firefighting to part-time consulting and teaching work post-retirement.