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PHAM v. WORKERS' COMP. APPEALS BD.

No. A077571.

93 Cal.Rptr.2d 115 (2000)

78 Cal.App.4th 626

Ngoc Hai Thi PHAM, an Incompetent Person, etc. Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, Concorde French Bakery, Inc., et al. Respondents.

Court of Appeals of California, First District, Division Three.

February 25, 2000.

Attorney(s) appearing for the Case

Kenneth M. Nakata and Nakata & Tower, San Jose, for Petitioner.

Randall Paddock, Assistant Secretary, for Respondent Workers' Compensation Appeals Board.

Laughlin, Falbo, Levy & Moresi and Patricia E. Gould and Michael W. Laughlin, San Francisco, for Respondent Concorde French Bakery, Inc., and Fremont Compensation Insurance Company.

WALKER, J.

The sole issue before this court is the proper method to use for calculating petitioner applicant Ngoc Hai Thi Pham's "average weekly earnings" pursuant to Labor Code section 4453 in order to determine her correct rate of weekly temporary total disability indemnity payments under section 4653.1 We conclude that the Workers' Compensation Appeals Board (Board) has improperly utilized...

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