Goytia v. Workmen's Compensation Appeals Board

Opinion

TOBRINER, J.

This workmen’s compensation claim is before our court for a second time. (Goytia v. Workmen's Comp. App. Bd. (1970) Cal.3d 889 [83 Cal.Rptr. 591, 464 P.2d 47].) On the initial appeal, we held that in determining an employee’s “earning capacity” for purposes of computing his “average weekly earnings” under Labor Code section 4453, subdivision (d), 1 the Workmen’s Compensation Appeals Board is required to give “due consideration” to an applicant’s post-injury earnings insofar as such earnings shed light on the applicant’s earning capacity at the time of his injury. Since the…