Shaw Industries, Inc. v. Shaw

Smith, Chief Judge.

We granted a discretionary application in this workers’ compensation case in order to address the correct method of calculating temporary partial disability benefits under OCGA § 34-9-262 and Rules and Regulations of the State Board of Workers’ Compensation, Rule 262 (a). This involves determining an amount which is two-thirds of the difference between the employee’s average weekly wage prior to injury and “[t]he average weekly wage the employee is able to earn [thereafter]. . . .” Id. We must consider whether the statutory phrase “able to earn” refers only to the…