Pies v. Bekins Van and Storage Company

MOISE, Justice.

The issue in this case is identical with the one this day decided in Batte v. Stanley. Inc., N.Mex., 374 P.2d 124.

In that case the employer appealed from an allowance of 60% partial permanent disability where actual earnings showed at most a 17% reduction. We held that the amount of earnings was not conclusive as to earning ability or capacity, and that a judgment for a greater percentage of disability would be upheld if supported by proper findings based upon substantial evidence.

The instant case is an appeal by the employee from an allowance of 15% partial permanent…