Sterling Colorado Beef Company (Sterling) seeks review of the award of work *1348 men’s compensation benefits for temporary partial disability to James E. Bowles (claimant) under § 8-51-103, C.R.S. We affirm the award.
Claimant was injured on or about January 14, 1981, and was earning $8.20 per hour at that time as a base wage. Additionally, for several months prior to his injury, claimant had been earning time and one-half for considerable overtime work. Claimant returned to work in a light duty capacity on April 6, 1981, at a reduced hourly rate and remained in this position through July 30, 1982. Claimant received temporary partial benefits during this period based upon his average weekly wage on the date of the injury.
The sole issue before us is the calculation of the correct temporary partial disability rate. Sterling asserts that during the period claimant received temporary partial benefits, Sterling experienced an “economic slow-down” and was required to reduce the number of hours worked by employees of claimant’s job classification. Sterling argues that since § 8-51-103, C.R.S., fixes temporary partial disability benefits at a percentage of an employee's “earning capacity,” the hearing officer should not have ruled solely on claimant’s weekly wage, but rather should have calculated benefits taking into account the reduced employee income caused by the “economic slow-down.” We disagree.
In construing the predecessor of § 8 — 51— 103, C.R.S., the Supreme Court held that the term “earning capacity” was intended by the General Assembly to mean the money rate at which the employee’s services were recompensed at the time of the accident.
State Compensation Insurance Fund v. Lyttle,
Accordingly, the order is affirmed.
Notes
Sitting by assignment of the Chief Justice under provisions of the Colo. Const., Art. VI, Sec. 5(3) and § 24-51-607(5), C.R.S. (1982 Repl.Vol. 10).