Vail Associates, Inc. v. West

STERNBERG, Judge.

The determinative issue in this review is whether worker’s compensation benefits are available to an employee where injury results in permanent partial disability which prevents him from performing his job, but where the employee obtains other employment at a higher salary. The Industrial Commission awarded benefits and we affirm.

The claimant was employed by Vail Associates as a ski instructor during the winter. He also painted houses during the summer. In February 1975, he suffered an injury to his low back while skiing in the course of his employment. The employer admitted…