Pic N Save Drug Co. v. Moore

LARRY G. SMITH, Judge.

We reverse the provisions of a worker’s compensation order providing for payment of wage loss benefits, and payment of claimant’s attorney’s fees by the employer/carrier.

While we agree that claimant proved an essential element showing her “entitlement” to wage loss benefits, in that she established a “permanent impairment,” the evidence she presented fell short of proving another essential element, that is, an actual wage loss during her periods of employment following the injury. She earned higher wages in her first post-accident employment, at Majic Market, from May…