(dissenting). The majority concludes, among other things, that benefits are payable to Anderson beyond the forty-week cutoff specified in sec. 102.43(5), Stats., and Wis. Adm. Code, sec. Ind 80.49(4) because, to paraphrase the code provisions, the purpose of the further training was primarily to restore his "preinjury" earning capacity rather than to improve upon it.* I disagree.
I appreciate that the provisions of ch. 102, Stats., are to be liberally construed in the injured worker's favor, and I agree that that is a proper response to job-related injuries under the chapter. I also agree that we owe some deference to the commission's interpretation and application of the statutes and rules through which it administers the workers' compensation program. Finally, I agree that both the statutes and the rule allow some leeway — that a reasonable degree of improvement to a young entry-level employee's earning capacity will not automatically bar the extension of benefits beyond forty weeks. Thus, to the extent the company maintains that benefits cannot be allowed beyond those necessary to restore Anderson to his "preinjury" hourly wage, I reject that argument.
But there must be a rule of reason here. And I do not believe that providing funds to assist Anderson in completing a university engineering degree with, accord*597ing to the uncontradicted testimony, an attendant estimated hourly wage of $15.53, when he was earning $6.58 an hour at the time of the injury, and had a "preinjury" earning capacity of not more than $8.59, can be considered reasonable under any circumstances. I would hold, on this record, that the "rehabilitation" benefits provided in this case constituted an "improvement," rather than a "restoration" of Anderson's preinjury earning capacity within the meaning of Wis. Adm. Code, sec. Ind 80.49(4). As a result, I would limit his benefits to forty weeks.
Wisconsin Adm. Code, sec. Ind 80.49(4) provides that " [extension of vocational rehabilitation benefits beyond 40 weeks may not be authorized if the purpose of such further training is primarily to improve upon preinjury earning capacity rather than restoring it."