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Hussain v. Avon Products, IAB Hearing No. 1274940 (June 3, 2008)

In awarding partial disability in the context of the Petition for Review, the Board selected the labor market survey wage over the Claimant's actual job. At the time of the hearing claimant earned $8.00 an hour, which the vocational expert testified was not a valid reflection of his earning capacity. Claimant's job search was limited, was initiated shortly before the hearing, and he took the first job offered. The Board considered the wages in the labor market survey and ruled that claimant could earn $440.00 weekly as opposed to the $320.00 weekly he earned while employed.


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