University Mechanical Contractors v. Industrial Commission

OPINION

JACOBSON, Presiding Judge.

The issue presented here is whether when the injured workman returns to the same type of post-injury employment, without a change in physical disability, an award of the Industrial Commission increasing the amount of earning capacity is justified by the evidence.

The claimant respondent, David Figueroa, was originally injured on August 9, 1974, while employed by petitioner, University Mechanical Contractors, as a construction pipelayer. This injury ultimately resulted in an award for a permanent partial unscheduled disability. Following several hearings, not…