Casby v. Aurora Country Club

GULOTTA, Judge.

In this worker’s compensation action, the sole issue confronting us is whether a “moonlighting” employee who receives income from two separate employers is entitled to permanent and total disability benefits calculated on the combined wages from both jobs or only on the wages from the job where the injury occurs. On summary judgment, the trial court concluded, as a matter of law, that the benefits should be based on the combined wages from both jobs. We reverse.

There are no genuine issues of material fact. According to her undisputed affidavit, plaintiff was injured while…