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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judge Bray and Senior Judge Overton  Argued at Norfolk, Virginia MERCY TIDEWATER AMBULANCE SERVICE v. Record No. 1813-98-1 OPINION BY CHIEF JUDGE JOHANNA L. FITZPATRICK MARCH 2, 1999

BERT P. CARPENTER FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION F. Nash Bilisoly (Kelly O. Stokes; Vandeventer Black, L.L.P., on briefs), for appellant. Sidney H. Kelsey, Jr., for appellee. In this workers' compensation case, Mercy Tidewater Ambulance Service (Mercy Tidewater) appeals the commission's decision amending Bert Carpenter's (claimant) average weekly wage. Employer also appeals the commission's finding that

claimant proved a loss of function in his left leg for purposes of determining permanent partial disability benefits. For the

following reasons, we affirm in part and vacate in part. I. BACKGROUND

On August 31, 1995, claimant suffered a compensable injury to his back. Pursuant to a memorandum of agreement signed by the

parties, the commission entered an award on November 16, 1995,

Judge Overton participated in the hearing and decision of this case prior to the effective date of his retirement on January 31, 1999 and thereafter by his designation as a senior judge pursuant to Code

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