Legal Question in Workers Comp in California

The statute says 'average weekly wage' at 'time of injury'...so, technically, No. BUT THERE'S GOOD NEWS! There's a case decision from waaaaay back known as the THRIFTY (as in Thrifty Drug Store, so you know it's old) Decision where a student who finished school and sat for her nursing board exam and was just waiting for the test results when she had a serious injury.

THAT Judge in the Thrifty case said because this person was essentially a Registered Nurse -- she had passed the test, she only needed the results in hand -- she should be paid TTD based on average weekly wage of a new RN and not a minimum-wage Thrifty cashier. It's good law today.

SO: your attorney has to first demand the higher amount based on the Thrifty holding, and it will be refused, then go to trial and persuade the WCAB judge this case is so much like the Thrifty decision that it is unfair to pay you based upon your Trainee wages... many times, on the morning of trial, the adjuster will tell her defense attorney to agree to a higher amount that is not quite as high as 2/3 of your current earnings but more than you are being paid now to compromise on a number between the two.