Vail Associates, Inc. v. West

ROVIRA, Justice,

specially concurring:

Although I agree that the record supports a finding that West suffered a physical injury, I have serious doubts that it supports a conclusion that it resulted in an increased physical disability of a permanent duration along with a concomitant impairment of earning capacity. At 1115.

Be that as it may, I join the majority opinion in rejecting the petitioners’ argument that a post-injury increase in earnings should give rise to a rebuttable presump*1116tion of earning capacity commensurate with actual earnings. In light of our prior decisions that post-injury…