Nistler v. Footlocker Retail, Inc.

Knudson, J.:

Mark Nistler appeals the Workers Compensation Board’s (Board) determination that he is not entitled to permanent partial disability benefits in excess of functional impairment. The issue presented on appeal is whether the Board erred in its determination that Nistler’s post-injury wages are equal to or more than 90% of his average gross weekly wage earned at the time of the accident. We reverse the Board’s decision and remand for a re-determination of Nistler’s wage loss and permanent partial general disability benefits.

The Underlying Circumstances

The basic facts supporting the…