Pacyga v. FMC Corp.

I respectfully dissent. I would affirm the decision of the Workers’ Compensation Court of Appeals (WCCA). The majority concludes that this is a case in which the WCCA entered the realm of fact finding by overturn*862ing a compensation judge’s findings of fact that are supported by the record. Unlike the majority, I conclude that the proper focus of this case is upon the WCCA’s conclusion that, as a matter of law, the compensation judge did not properly apply the well-established rule that evidence of actual earnings creates a presumption of earning capacity.1 Here, the compensation judge…