Safeway Stores, Inc. v. Smith

Employer seeks review of an order of the Workers’ Compensation Board affirming the referee’s award of unscheduled permanent partial disability. We reverse.

The only facts necessary to our opinion are that claimant was not employed at the time the determination order was issued, but was employed part time when the order on reconsideration of the determination order issued. In determining claimant’s adaptability for purposes of rating disability, the Board considered claimant’s work status as of the time the determination order issued. Employer argues that adaptability should be rated as of the…