Slack v. Thies Development Corp.

Abbott, C.J.:

This is an appeal by the claimant, Dorothea Slack, in a workers’ compensation case. The sole issue on appeal is the calculation of compensation in an occupational disease case under the “diminution of earning capacity” test.

Both sides rely on Schubert v. Peerless Products, Inc., 223 Kan. 288, 573 P.2d 1009 (1978). In Schubert our Supreme Court *205stated the test for arriving at the compensation rate in an occupational disease case:

“If the capacity of the workman to earn wages in any trade or employment is less than the amount the workman was earning at the time of the disability,…