Combs v. Wagar Logging

I dissent.

The majority correctly notes that decisions of the Workers’ Compensation Court must be based on substantial credible evidence and yet it makes the assumption that Combs’ future work potential is speculative and unlikely. Such rationale is itself speculative.

The majority states that Combs’ contentions concerning his preinjury earning capacity are undocumented. Combs, however, did present a witness who testified that Combs had worked for him at a rate of $12.69 per hour (Combs asserts this rate would be $16.55 on the current market). Nonetheless, this testimony was ignored by the…