McGuire v. Mid-Atlantic Marketing Incorporated

At the time of her injury, the plaintiff worked for two employers. After a period of temporary total disability, the modest residual impairment from the injury prevented her from returning to her former employment with the defendant, but she was able to return to work with the other employer for increased hours and income, though earning less than she had prior to the injury in both employments. The Deputy Commissioner calculated total disability benefits based on loss of wages from the defendantonly. He aggregated pre-injury income from both employments and compared that total to post-injury…