Average Weekly Wage; Seasonal Employees. WCAB rescinded WCJ's award of permanent disability to  applicant based on in-season earnings of $320.23 per week, contrary to pre-trial stipulation, when WCAB found that (1) there are different considerations in determining earning capacity in computing temporary disability and permanent disability, (2) although WCJ correctly utilized LC 4453(c)(4) to calculate applicant's earnings, it was improper to determine her earning capacity based only on weekly earnings during the part of the year that she worked, as if she worked yearlong with same earnings, because evidence of applicant's work history up to time of her injury did not demonstrate any willingness to work throughout the entire year, (3) applicant's choice not to work throughout the year was best evidence that her earning capacity under LC 4453(c)(4) was same as what she actually earned, and (4) based on applicant's actual earnings during  2004, 2005 and 2006, applicant was entitled to permanent disability indemnity at minimum rate of $130 per week. See Arreola panel decision.

Permanent Disability; Offers of Regular, Modified or Alternative Work. WCAB, rescinding WCJ's finding, held that defendant was not entitled to a 15 percent decrease under LC 4658(d) of 6 percent permanent disability awarded to applicant, when defendant did not provide applicant with written notice of alternative/modified work within 60 days of date his disability became permanent and stationary as required under LC 4658(d)(3)(A), and WCAB found that "substantial compliance" with 60 day period specified in LC 4658(d)(3)(A) was insufficient. See Choi panel decision.