In <em>Matter of Baczuk</em> it was recently found that, where actual earnings during a period of disability are established, <a href="https://thelomad.com/getmad.today/wp-contentduplicate-3602675.findlaw5.flsitebuilder.com/blog/2013/11/a-blind-leap-across-an-inscrutable-chasm-arbitrary-and-capricious-loss-of-wage-earning-capacity-lwec-determinations/">wage earning capacity must be determined</a> exclusively by the actual earnings of the injured employee without evidence of capacity to earn more/less during such a disability period