Beck v. Flathead County

Claimant Josephine M. Beck appeals the Workers’ Compensation Court order denying her claim for permanent partial disability benefits for loss of actual earning capacity under Section 39-71-703, MCA (1985). We vacate the judgment and remand the matter to the Workers’ Compensation Court.

Because we are reversing, we limit our review to the following issue:

Is the claimant required to prove an actual wage loss or merely a reduced earning capacity before she qualifies for permanent partial disability benefits under Section 39-71-703, MCA (1985)?

Claimant Josephine M. Beck is a forty-three-year-old…