Wilkins v. Kellogg Co.

*156ADOLPHO A. BIRCH, JR., J.,

filed a dissenting opinion, in which WILLIAM M. BARKER, J., joined.

The majority holds that the difference between pre- and post-injury wages for an employee whose weekly wage fell from $1,433.82 to $860.80 is $0. This holding, in my view, contravenes legislative intent, creates the potential for abuse of the benefit scheme, and muddles benefit calculation. In order to more effectively promote the Worker’s Compensation Act’s intended objectives and clarify benefit calculation, I would define “wage” in the temporary partial disability provision to mean “average weekly…