LaBao v. Yankee Enterprises, Inc.

OPINION

WEISBERGER, Justice.

This case comes before us on appeal from a decree of the Workers’ Compensation Appellate Commission. The appellate tribunal affirmed a trial commissioner’s decision that the petitioner suffered a loss of earning capacity resulting from a work-related injury, but it computed the employee’s average weekly salary at a rate lower than that found by the trial commissioner. The employee now challenges the appellate commission’s computation, and we sustain his appeal.

The employee, John T. LaBao, first injured his back on January 31, 1977 while engaged in his duties as an…