Russell v. Workers' Compensation Appeals Board CA4/2

Filed 12/12/24 Russell v. Workers’ Compensation Appeals Board CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

KEVIN RUSSELL,

Petitioner, E084705

v. (WCAB No. ADJ7376924)

WORKERS’ COMPENSATION OPINION APPEALS BOARD; DEPARTMENT OF CONSUMER AFFAIRS/BUREAU OF AUTOMOTIVE REPAIRS

Respondents,

ORIGINAL PROCEEDINGS; petition for writ of review. Eric Thompson,

Administrative Law Judge. Petition granted.

Lucy Bishop, for Petitioner.

Lisa Stolzy, Department of Consumer Affairs/Bureau of Automotive Repairs

Department of Motor Vehicles and State Compensation Insurance Fund, adjusting

agency, for Respondent.

Allison Fairchild, Workers’ Compensation Appeals Board, for Respondent.

1

On September 30, 2024, Kevin Russell (Russell) petitioned this court for review of

the August 16, 2024 Worker’s Compensation Appeals Board (WCAB) decision

upholding the administrative law judge’s method for calculating Russell’s total

permanent disability indemnity rate. In response to Russell’s petition, the Department of

Consumer Affairs filed an answer arguing that Russell’s permanent disability rate was