Hill v. DU BOSE

It is apparent from an examination of the'findings and award of the Industrial Commission, which were in all respects affirmed by the court below, that the award of compensation now made was based upon a finding as to the amount the claimant had earned since the date on which total permanent disability had ceased, rather than upon his capacity or ability to earn.

The statute, G-.S. 97-2 (i), defines disability as meaning “incapacity because of injury to earn the wages the employee was receiving at the time of injury in the same or any other employment.” The rule of compensation for partial…