California, United States of America
The following excerpt is from Chevron U. Inc. v. Workers' Comp. Appeals Bd., 219 Cal.App.3d 1265, 268 Cal.Rptr. 699 (Cal. App. 1990):
Following Dickow, this district again had opportunity to address the issue of computing earnings for purposes of determining disability indemnity in an occupational disease case. In Van Voorhis v. Workmen's Comp. Appeals Bd. (1974) 37 Cal.App.3d 81, 112 Cal.Rptr. 208, the court held that "the compensation must be measured by the applicant's earning capacity as it [219 Cal.App.3d 1271] existed at the time he incurred his compensable disability [citation]." (Id. at p. 87, 112 Cal.Rptr. 208.)
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