Donahue v. CTL Distribution

Although I concur in most of the majority’s decision, I write to express my disagreement with that portion affirming the application of deemed earnings for the period from September 30, 1994, through October 31, 1994. I would reverse the application of deemed earnings for that one-month period, because the employer and its insurance carrier (collectively, the E/C) failed to satisfy their burden in regard to the application of the deemed earnings provision.

The evidence was undisputed that Donahue could not return to his former employment as a truck driver because of his compensable injuries.…