Cohn v. Industrial Commission

OPINION

JACOBSON, Judge.

This review of an Industrial Commission award presents to a third panel of this court a problem that has received varying treatment.1 We write to add to the already rich mixture discussing the effect of post-injury employment which is terminated for reasons unrelated to the industrial injury when considering loss of earning capacity.

Claimant, Henry Cohn, sustained a low back injury on March 4, 1990 while employed by the self-insured employer, Smitty’s Super Valu (Smitty’s). His claim for workers’ compensation was accepted.

Approximately a month later, on April 16, 1990,…