What is ABLE TO EARN? Definition of ABLE TO EARN in Black's Law Dictionary
The phrase in the Workmen's Compensation Act in reference to wages does not mean the maximum sum earned in any one week, but a fair average of the weekly wages which anemployee is able to earn covering a sufficient period of time to determine his earning capacity. Reeves v. Dietz, 1 La.App. 501, 505. See also, Mt. Olive & Staunton Coal Co. v. Industrial Commission, 301 Ill. 521, 134 N.E. 16. Amount one is capable of earning if employed. Ferrara v. Clifton Wright Hat Co., 125 Conn. 140, 3 A.2d 842, 843.
Ability to obtain and hold employment means that the person referred to is either able or unable to perform the usual duties of whatever employment may be under consideration, in the manner that such duties are customarily performed by the average person engaged in such employment. Kinyon v. Kinyon, 230 Mo.App. 623, 71 S.W.2d 78, 82.
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