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Sweet v. Omaha Public Power District

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Wednesday, April 10, 2013

A-12-0744, Clint Sweet (Appellee/Cross-Appellant)  v. OPPD(Appellant/Cross-Appellee)

Nebraska Workers’ Compensation Court

Attorney for Appellant:  James L. Quinlan (Fraser Stryker PC LLO)

Attorney for Appellee: Timothy Dowd (Dowd Howard & Corrigan, LLC)

Workers’ Compensation Action: Loss of Earning Capacity

Action Taken by Trial Court: The trial court determined that the appellee suffered an accident in the scope and course of his employment with OPPD, was entitled to temporary and permanent disability, and suffered a 35% loss of earning capacity.

Assignments of Error on Appeal:  The appellant assigns that the trial court erred by finding that the accident caused the diskectomy; relying upon certain medical evidence; finding that the appellee had a 35% loss of earning capacity; and failing to take into account the pre-accident amputation. The appellee cross-appeals asserting that the trial court erred by failing to order attorney fees.


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