Sjoberg's Case

The insurer appeals from a judgment in favor of the employee affirming a decision of the Industrial Accident Board (board) which awarded the employee forty dollars a week partial compensation under G. L. c. 152, § 35, as appearing in St. 1973, c. 978, § 6. At issiie is whether an employee whose earning capacity is impaired by industrial injuries is precluded, as matter of law, from obtaining benefits because, by *2working more than fifty hours a week, his average post-injury earnings exceed his average pre-injury weekly wage. We hold that he is not so precluded.

On October 22, 1977, and again on…