In fact, Andrews did have a history of headaches and cervical problems before the injury, but her symptoms are more frequent and more severe now than they were before. A preponderance of the evidence exists when the causal connection is probable rather than merely possible. Dr. Hines is the only physician who finds permanent impairment, and he did so in part on the basis of an incorrect history. Nonetheless, Andrews credibly testified to a significant and long-term exacerbation of previous symptomatology. On that basis, it is found that she has established the necessary causal link between the work injury and permanent disability.
Industrial disability means loss of earning capacity.
Geographically, earning capacity is determined on the basis of the worker's community or residence. It is properly viewed in terms of the worker's present ability to earn in the competitive job market without regard to accommodations provided by the present employer. Andrews is still performing the same job for Fruehauf, and has functioned well without missing any time, other than the first week following her work injury. Other than Dr. Hines, no physician has recommended permanent activity restrictions or rated permanent impairment. Due, however, to her continued exacerbated symptoms and the likelihood that she may, from time to time, miss work or find herself unable to accept otherwise suitable work, it is determined that Jennifer Andrews has sustained industrial disability on the order of 5 percent of the body as a whole, or the equivalent of 25 weeks of permanent partial disability benefits.