Authorities as the decision cited them, with how this panel applied each one.
Cal. Lab. Code 4453(c)(4)
Temporary disability indemnity is based on earning capacity at time of injury when actual earnings do not reflect true earning power.
Applied to increase temporary disability rate to reflect scheduled raise.
From the decision · page 6Temporary disability indemnity is intended primarily to substitute for the worker's lost
wages, in order to maintain a steady stream of income. (Chavira v. Workers' Comp. Appeals Bd.
(1991) 235 Cal.App.3d 463, 473 [286 Cal.Rptr. 600].) An estimate of earning capacity is a
prediction of what an employee's earnings would have been had [s]he not been injured. (Argonaut
Ins. Co. v. Ind. Acc. Comm. (Montana) (1962) 57 Cal.2d 589, 594 [27 Cal.Comp.Cases 130].)
Cal. Lab. Code 5702
The Appeals Board may reject stipulations and base decisions on evidence presented at hearing.
Applied to set aside erroneous wage stipulation and base award on actual earning capacity.
From the decision · page 6The parties to a controversy may stipulate the facts relative thereto in writing
and file such stipulation with the appeals board. The appeals board may
thereupon make its findings and award based upon such stipulation, or may set
the matter down for hearing and take further testimony or make the further
Cal. Lab. Code 5803
Good cause to rescind or amend award includes mutual mistake of fact and knowledge of mistake by other party.
Applied to relieve applicant of wage stipulation due to defendant's knowledge of mistake.
From the decision · page 7Alternatively, once a stipulation has been accepted and a decision based on it, the Appeals
Board must determine if good cause exists before setting the stipulation aside. (County of
Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114 [65
Cal.Comp.Cases 1].) Good cause to rescind, alter or amend the award pursuant to section 5803
may consist of a showing of fraud, duress, undue influence, mutual mistake of fact, mistake of
law, invalidity of execution, incompetency, or minority at the time of execution of the agreement.
(Lab. Code, § 5803; see California Workers' Compensation Law (Cont. Ed. Bar 4th Ed.) § 16.61
et seq.; see also Argonaut Ins. Exch. v. Industrial Acc. Com. (Bellinger) (1958) 49 Cal.2d 706 [23
Cal.Comp.Cases 34]; Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160 [50
Cal.Comp.Cases 311]; Carmichael v. Industrial Acc. Com. (1965) 234 Cal.App.2d 311 [30
Cal.Comp.Cases 169].)
Cal. Lab. Code 3208.3(d)
Medical treatment is compensable if psychiatric injury is sudden and extraordinary under section 3208.3(d).
Applied to include further medical treatment in amended award.
From the decision · page 8Applicant further contends that the Amended Award should include an award for further
medical treatment to the body parts found to be industrial in the July 21, 2021 Findings of Fact.
(Petition, at 6:15.) The WCJ's Report responds that the issue raised by the parties for trial was
whether applicant was entitled to medical treatment if the psychiatric injury did not meet the
"sudden and extraordinary" exception to the 6-month employment rule of section 3208.3(d).
However, because the Findings of Fact established that applicant's injury was sudden and
extraordinary, and the psychiatric injury was compensable, the issue was rendered moot. While
we agree with the WCJ's analysis of the issue under section 3208.3(d), we also observe that there
is no dispute that applicant sustained injury to the right eye, hearing, and psyche, and that the
record demonstrates the need for medical treatment to cure or relieve from the injury. (July 21,
2021 Findings of Fact, Finding No.