A-13-0651, Charles Rodgers (Appellant) v. Nebraska State Fair
Nebraska Workers’ Compensation Court, Judge Michael K. High
Attorneys: David M. Handley (Dyer Law PCLLO) (Appellant) ---Brynne E. Holsten (Engles Ketcham Olson & Keith PC)
Civil: Award of benefits for injured employee
Proceedings below: The trial court found a work-related injury to both knees in the same accident. However, the court found since no permanent restrictions were assigned to the left knee, Appellant did not suffer “loss or loss of use” pursuant to Neb. Rev. Stat. § 48-121(3) and the trial court did not award loss of earning capacity. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The trial court erred in finding that Neb. Rev. Stat. § 48-121(3) requires permanent restrictions before an award of a loss of earning capacity can be made.