Scott v. Homestake-Sapin

The trial court found, insofar as material, that the claimant was thirty-one years old, with a high-school education, and during his lifetime had been employed as a miner, welder and mechanic, and was employed by the defendant corporation as a miner; that the claimant suffered a compensable injury on November 30, 1959, and received compensation until May 7, 1960; that from that date until December 13, 1961, claimant was employed by the defendant, first in a janitorial capacity and later as a relief-hoist man; that the claimant performed his tasks in a satisfactory manner, and that he was not, by reason of his injuries, disabled from the tasks required; that the payment of wages during this period was based upon the services performed; that the employment was in good faith and of value to the employer; and that the claimant voluntarily left his employment on December 13, 1961, but that the termination was not the result of his inability to perform the tasks required. The court then found that claimants earning capacity, based upon his physical condition as a result of his injury, was decreased 30%, and, further, that the decrease in his actual earnings as a result of the injury was 26%.