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Case Name | Van Voorhis vs. WCAB (Bethlehem Steel Corp.) | |
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Date | 02/04/1974 | |
Note | Compensation must be measured by the applicant's earning capacity as it existed at the time he incurred his compensable disability. | |
Citation | 37 CA3d 81 | |
WCC Citation | WCC 30291974 CA |
HERBERT D. VAN VOORHIS, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and BETHLEHEM STEEL CORPORATION, Respondents (Opinion by Sims, Acting P. J. , with Elkington, J. , and Bray, J. , concurring. )3 and return having made, and the matter having been regularly submitted, it is concluded that the board erred. Its decision and award must therefore be vacated, and the matter returned for reinstatement of the award granted by the referee. No mention was made of his hearing loss, and he never lost any time or wages, or received medical treatment for that complaint. In September 1971, he was told that his hearing loss might have been due to his employment.
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