A New York appellate court ruled that vocational factors can be considered in fixing a worker's wage-earning capacity for purposes of computing the appropriate rate of compensation.
Case: Matter of Sarbo v. Tri-Valley Plumbing & Heating, No. 520972, 11/03/2016, published.
Facts and Procedural History: Michael Sarbo suffered a compensable back injury in August 2010. A workers' compensation law judge found that Sarbo's average weekly wage at the time of his injury was $1,302.86.
Sarbo never returned to work after his accident, and in October 2013, a workers' compensat...
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