Goytia v. Workmen's Compensation Appeals Board

Opinion

TOBRINER, J.

Petitioner seeks annulment of a decision after reconsideration by the Workmen’s Compensation Appeals Board which reduced her award of permanent disability benefits. The appeals board, basing its determination upon her pre-injury earnings, rated petitioner’s earning capacity for purposes of permanent disability as minimum. We cannot ascertain from the ambiguous decision of the board whether or not in so doing it considered such earning capacity of petitioner as disclosed by earnings subsequent to the injury; we believe that such consideration is required by the Workmen’s…