Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Kam v. IBP Inc., 12 Neb. App. 855, 686 NW2d 631 (September 21, 2004)

           
Facts:   Plaintiff suffered a work accident and injury to her shoulder and arm on January 13, 1998 while employed as a laborer for IBP.  At trial, the judge found that plaintiff was temporarily partially disabled for a period of 46 weeks.  While temporarily partially disabled, plaintiff worked in accommodated positions and worked six hours per day and sometimes full time.  The judge, however, held that because plaintiff was temporarily partially disabled with extremely significant restrictions that she had suffered a 100 percent loss of earning power during her periods of temporary partial disability.  Defendant appealed this issue and the decision was affirmed by the Review Panel.  Defendant then appealed this issue to the Nebraska Court of Appeals.

 
Issue:  Whether the Workers' Compensation Court was clearly wrong in awarding Kam a 100 percent loss of earning power during periods of temporary partial disability.

 
Rule:  One cannot be earning wages at a similar job with the same employer and at the same time have suffered a 100 percent loss of earning capacity.