CompFox AI Summary
This case concerns the calculation of an applicant's average weekly wage for workers' compensation purposes. The defendant sought reconsideration of an order finding the applicant's earning capacity was $512 per week, arguing it should not be based on post-injury earnings. The majority of the Appeals Board denied reconsideration, adopting the trial judge's reasoning. However, a dissenting commissioner argued that the record was insufficient and that all post-injury earnings, not just the highest, should be considered to determine the applicant's overall earning capacity.
Full Decision Text1 Pages
This case concerns the calculation of an applicant's average weekly wage for workers' compensation purposes. The defendant sought reconsideration of an order finding the applicant's earning capacity was $512 per week, arguing it should not be based on post-injury earnings. The majority of the Appeals Board denied reconsideration, adopting the trial judge's reasoning. However, a dissenting commissioner argued that the record was insufficient and that all post-injury earnings, not just the highest, should be considered to determine the applicant's overall earning capacity.
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