Dye v. Industrial Commission

(specially concurring) :

I agree that the award entered in this matter must be set aside. However, I would do so on a basis different than my colleagues. The majority opinion in this matter fastens upon the word “occasionally” as it appears in the referee’s findings and concludes that having found that work “occasionally becomes available” it is improper to find an earning capacity based upon full time employment.

To me this is a distinction without a meaning. The evidence in this case dealing with earning capacity does not differ in any material aspect from the evidence in numerous cases upon…