• Average of Claimant’s Post-Injury Earnings, Not Week-By-Week Comparison, Should Be Used since this Method Accounted for the Weeks Where the Claimant Earned More than the Pre-Injury Average Weekly Wage.
  • January 24, 2017 | Author: Paul V. Tatlow
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Wilmington Office
  • The Board noted that the term “partial disability” is not defined in the Act, but stated that the purpose of partial disability benefits is to assure that a claimant who suffers a loss of earning power caused by a compensable injury can recover the difference between pre-injury wages and earning power after the injury. The Board stated that “actual earnings” and “earning power” are not synonymous. The Board concluded that the week-by-week comparison of the post-injury earnings to the pre-injury average weekly wage, as the claimant argued for, did not properly reflect the weeks for which the claimant had received more than her pre-injury average weekly wage. Instead, the Board agreed with the employer that an average of the claimant’s earnings for the extended periods of post-injury earnings when she could not perform full duty gave a more accurate estimate of her loss of earning power.