Jeffares v. Workmen's Compensation Appeals Board

Opinion

ALARCON, J.

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The petitioner seeks annulment of a decision after reconsideration of the Workmen’s Compensation Appeals Board which reduced her award of temporary disability benefits.

Factual Background

The petitioner, Katherine Lucile Jeffares, sustained injuries on April 19, 1967, while employed as a part-time park recreation instructor for the city of Culver City. Prior to her injury, in addition to her job with Culver City, she was a student at U.C.L.A., carrying a full academic load. She had worked on a part-time basis since January 9, 1967. She worked 10 to 12 hours per week at $2.39 pér hour for a total weekly earnings of approximately $25 per week. Her 1966 earnings totaled $5,407.32. Her 1968 earnings from teaching were $4,889.88.

Relying on the petitioner’s testimony and her wage statements for the years 1965, 1966 and 1969, the board found petitioner’s earning capacity to be minimum and awarded her temporary disability indemnity of $20 per week. The appeals board explained its decision as follows; “In reviewing applicant’s wage statement while working as a recreation leader, we note that applicant was paid at the rate of $2.39 per hour for variable hours per week. The wage report covers the period January 9, 1967 through April 23, 1967 and shows the total wages earned as $356.11. The period of employment is approximately 14-2/7 weeks which, when divided into $356.11, averages $25.00 per week. Accordingly, we are of the opinion that applicant’s wages during this period entitle her to the minimum rate only for temporary disability indemnity for the period April 20, 1967 to December 12, 1967, and December 21, 1967 to and including January 3, 1968 since she was a student during this period.”

The petitioner testified that she was undergoing student teacher training at the time of the accident. She expected to obtain her teaching credential at the end of U.C.L.A.’s 1967 summer session. She had planned to work for

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the recreation department until the summer session started at which time she would quit her job to devote her full time to finishing the academic work necessary for her credential so that she could commence teaching in September. Because of her injuries she was unable to complete the spring semester, nor enroll in the 1967 summer session, nor obtain a teaching position until February 1968.