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Justice v. RMH Aero Logging2/15/2002
ross earnings in 1991 and 1992 are not "a great aberration compared with his historical wages . . . ."
Because the question of the reliability of an injured employee's past work history as a predictor of future lost income is factual in nature, we review the board's findings on that issue "under the substantial evidence test, viewing whether the evidence relied upon was substantial in light of the record as a whole."
Here, substantial evidence supports the board's finding that Justice's past employment history is not an accurate predictor of his future lost income. First, there was "a substantial disparity in [Justice's] earnings at the time of his injury and his earnings, as computed under subsection 220(a)." Justice earned $23,425 between February and June 1993 working for RMH. In contrast, he earned $16,589 in 1991 and $4,305 in 1992. Although a "substantial difference" between an injured worker's award under former AS 23.30.220(a)(1) and his or her gross weekly earnings at the time of injury "does not per se indicate a lack of predictive value," it is relevant evidence that the board may consider. Furthermore, Justice testified that he intended to increase the amount of his employment in order to earn the necessary funds for a down payment on a house. An injured worker's intentions at the time of injury regarding future employment are relevant to determining the reliability of the employee's past work history as a predictor of future lost income. Finally, at the time of his injury, Justice no longer needed to care for his ailing mother, who passed away in March 1992. We therefore hold that the board did not err by granting Justice a compensation rate adjustment under Gilmore.
IV. CONCLUSION
For these reasons, we agree with the Alaska Workers' Compensation Board's resolution of Justice's claim for a compensation rate adjustment. Accordingly, we AFFIRM that part of the superior court's decision affirming the board and REVERSE that part of the superior court's decision reversing the board and REMAND with instructions to affirm the entirety of the board's resolution of Justice's claim for a compensation rate adjustment.
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