Chavez v. Memorial Hospital of Sweetwater County

KITE, Justice.

[¶ 1] Lena Chavez challenges the Office of Administrative Hearings’ (OAH) summary judgment order denying her claim for permanent partial disability (PPD) benefits. The hearing examiner decided, as a matter of law, Ms. Chavez had not suffered a loss of earning capacity because: (1) a vocational evaluation indicated she could return to work at a wage of at least 95% of her pre-injury wage; and (2) she had accepted a job in Scottsbluff, Nebraska at a wage greater than her pre-injury wage. After the district court affirmed the OAH decision, Ms. Chavez appealed to this Court. We…